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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

SALAFIMANHAJ.COM
RESEARCH TEAM 1
ANWAR AL-'AWLAKI AND HIS ERRORS IN THE FIQH OF JIHAD
VOL.1

A Critique of the Methodology of

ANWAR AL-'AWLAKI

and his Errors in the Fiqh of Jihad in Light

of the Qur'an, Sunnah and Classical to
Contemporary Scholars ofAhl us-Sunnah

with points of benefit compiled from the works of

Imam Abu 'Ubayd al-Qasim ibn as-Sallam al-Azdl, 162-224 AH/774-836 CE
(rahimahullah )

Imam, al-Mujtahid Ibn ul-Mundsif, 563-620 AH/ 1168-1223 CE (rahimahullah),
Shaykh ul-Islam Ibn Taymiyyah, 661-728 AH/1263-1328 CE (rahimahullah)
Ibn an-Nahhas (d. 814 AH/1411 CE, rahimahullah)!!
Imam al-Albani (rahimahullah)
Imam Muhammad bin Salih al-'Uthaymeen (rahimahullah),
Shaykh 'Abdullah bin 'AbdurRahmdn al-Bassam (rahimahullah),
Al-'Allamah, Salih al-Fawzan
Shaykh, Dr 'Abdullah al-Jarbu'
Shaykh Mashhur Hasan Al Salman,
Shaykh 'AbdulMalik ar-Ramadani al-Jaza'iri,
Shaykh, Dr Muhammad Bazmul,
Shaykh, Dr 'AbdusSalam as-Sihaymi,
Shaykh 'Abdul'Azeez bin Rayyis ar-Rayyis,
Shaykh, Dr Abu Anas Hamad bin Ibrahim Al 'Uthman

1 For this paper: Abu Ameenah 'AbdurRahman as-Salafi, Abu Fatimah Bengali, AbdulHaq ibn Kofi ibn Kwesi al-
Ashanti. Pages 51-62 has some material from AbdurRahman ben Adam's paper which can be accessed here:
http://en.quran.nu/essays/martyrdomVsuicide.pdf

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Contents

3 Introduction

6 Anwar al-'Awlaki: Methodological Background and Shifts

11 'Awlaki and his "Explanation" of the Book 'Constants on the Path of Jihad' by the al-
Qa'idah Member Yusuf al- Ayr! (Abu Qutaybah al-Makki)

22 Awlaki Mocks the Da'wah of Tasfiyah and Tarbiyah, Hereby Mocking the Da'wah of
Imam al-Albani (rahimahullah)

25 Awlaki Says Jihad Does Not Need Permission of Leader

35 Awlaki's Errors in the Fiqh of Jihad and his Opposition to the Classical and
Contemporary Scholars of Ahl us-Sunnah in Many Issues

40 Awlaki Claims CNN and BBC Have Spread Islam Enough to Have Established the

Hujjah on Humanity Today!?

45 Awlaki's View on Leaving the Arena of Battle if Muslims are Overwhelmed
- 49 Awlaki Says 'Iraq is "New Jihad Front for the Muslims"!?

52 Awlaki Tries to Make Analogies Between the Martyrdom and Bravery of the
Sahabah and the Contemporary Phenomenon of Suicide Bombings: An Analysis
69 Awlaki Exhorts to Armed Jihad Yet Does Not do it Himself!
71 Awlaki Insinuates that Civilians Can be Purposefully Targeted in Armed Combat
76 The Prohibition of Transgression When Fighting: The Prohibition of Killing
Women, Children, the Elderly, the Sick and Those Not Fighting is Muhkam and the
Prophet (sallallahu 'alayhi wassallam) Never Allowed it!

86 The Use of Manjaneeq (Catapults) Between Awlaki and Imam Ibn ul-Munasif
(563-620 AH/1168-1223 CE) in His Book Kitab ul-Injad fiAbwab ul-Jihad
90 Using the Hadeeth in Abu Dawud Regarding the Indiscriminate Attack on the
People of Ta'if with Manjaneeq (Catapults)

92 Awlaki Claims Imam Muhammad bin AbdulWahhab Gave Bay'ah to the Ottoman

Khaleefah in Istanbul!?

100 Mockery of Usui? Maslahah and Mafsadah in Fiqh of Jihad According to al-'Awlaki

106 Awlaki's Flagrant Disregard of Covenants of Safety and Security in Islam, and Awlaki's

Praise of Major Nidal Hasan and the Fort Hood Shooting

124 Awlaki Insinuates that the UK and US is Dar ul-Harb and Therefore Muslims Can
Extract al-Fay' From These Lands, But Not Ghaneemah!? The Classical Scholars Ibn an-
Nahhas and Imam Abu 'Ubayd al-Qasim ibn as-Sallam on this Issue
129 Conclusion Regarding Awlaki

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

INTRODUCTION

Indeed, all praise is due to Allah, we praise Him, we seek His aid, and we ask for His forgiveness.
We seek refuge in Allah from the evil of our actions and from the evil consequences of our
actions. Whomever Allah guides, there is none to misguide and whoever Allah misguides there is
none to guide. I bear witness that there is no god worthy of worship except Allah and I bear
witness that Muhammad is the servant and messenger of Allah.

"O you who have believed, fear Allah as He should be feared and do not die except as
Muslims (in submission to Him)."

{Ali-Imrdn (3): 102}

"O mankind, fear your Lord, who created you from one soul and created from it its mate
and dispersed from both of them many men and women. And fear Allah through whom
you ask things from each other, and (respect) the wombs. Indeed Allah is ever, over you,

"O you who have believed, fear Allah and speak words of appropriate justice. He will
amend for you your deeds and forgive your sins. And whoever obeys Allah and His
Messenger has certainly attained a great attainment."

{al-Ah^db (33): 70-71}

an Observer.'

{an-Nisd (4): 1}

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

To proceed:

Before proceeding in this study of the popular speaker named Anwar al-'Awlaki there must be a
set of foundations which have to be established. Imam Ahmad (rahimahulldh) recorded in his
Musnad (hadeeth no. 21453) from the hadeeth of Abu Dharr al-Ghifar! (■*-"=. M ^>J) that the
Prophet j Jh\ <jL-a) advised him saying:

«! y> jlS" jt j J^U J jif j! J y>\ j»

"And he ordered me to say the truth even if it is bitter."

Firsdy let us look at the statement of the Tabil Imam, Muhammad ibn Sinn (rahimahulldh), which
is recorded in the Muqaddimah of Saheeh Muslim, vol.1, p.15:

« (V £n_lo j ji>-lJ J&\i i jjjJ! jJlp iJlft j(»

"This is the knowledge of your religion, so look to whom you take your religion from."

Imam Muslim (rahimahulldh) also recorded in his the Muqaddimah of his Saheeh (vol.1, p. 15) that
Muhammad ibn Sirln said:

They had not used to ask about the Isnad (chains of narration) but when the Fitnah arose
they said, "Name us your men!" so they looked to Ahlus Sunnah and they took their
narrations and they looked to the people of innovation and they did not take their
narrations.

The Imam Abu Abdillah Muhammad bin Abdillah , ' Iso well known as Ibn Abl

Zamanayn, and is one of the top four most well-known scholars of the Madhhab of Imam
Malik, said:

And Ahlus Sunnah never ceases to expose the people of desires, the deviants. And they
prohibit sitting with them, and fear their trials and narrate in opposition to them, and this
is neither seen as backbiting them nor insulting them. 1

in Usui as-Sunnah, p. 293.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Regardless of who is the speaker or caller, Ahlus Sunnah wal-Jama'ah were firm upon this affair
of exposing and criticizing the callers to falsehood and making clear this religion. Imam adh-
Dhahabl (rain ' recorded in Volume 2 of his Tadhkimt ///-I l/iffddh that Imam Abu Dawud

as-Sijistani (rahimahulldh) said:

"My son 'Abdullah is a habitual liar."

Al-Hafidh Ibn Hajar al-Asqalani (rahimahulldh) mentioned in volume 11 of his Tahdheeb nt-
Tahdheeb under the biography of Yahya bin Abl Unaysah that Zayd ibn Abl Unaysah said about
his brother:

«<s£ cy Si ^ Ay ^ cs\3 ^

"My brother Yahya lies, and Hajjaj and Ash'ath and Ibn Ishaq, they are all more beloved to me
than Yahya."

Imam Abu Abdir-Rahman Muqbil bin Had! al-Wadi'i (rahimahulldh) said a statement which is
worthy of being written in gold:

«2lpJxJ.I SbLst *4jA] c~~J 2jl^JI Jj&li»

"So Ahlus Sunnah do not have with them (blind) love (for individuals) in opposition to the
innovators." 1

Al-Khateeb al-Baghdadl (rahimahulldh) reports the hadeeth:

« Jap jJidJl (j-^xL jl 2lpLJI Js>( jiA ^y>y>

"From the signs of the Hour is that knowledge will be taken from the Smaller ones."

Ibn al-Mubarak (rahimahulldh) said:

"The smaller ones are the people of innovation."

The following narration is also important in regards to Anwar al-Awlakl:

: Jti ? dUi ? j3-J\ jlp Uj b : JJ ? iuJl ci'y : JJ ^Ji L^w iiy tit fe«t jAdl

1 Muqaddimah of Tuhafat-ush-Shabir Rabbam, p. 4.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

From Ibn Mas'ud who said: 'How will you be if tribulation afflicts you which the old have grown old
upon and the young have been cultivated upon, and which the people have taken as Sunnah. To the extent
that if these actions are not done it will be said 'the Sunnah has been left'. " It was said: 'O Aba
AbdarRahman, when will that be?' Ibn Mas'ud replied: "If your ignoramuses are many,
and your 'Ulama are a few, and if your Khutaba' are many and your Fuqaha are a few; and
if your leaders are many and your trustworthy people are a few, and when you gain
understanding of other than the deen and you try to attain the dunya with the action of the
Herefafter." 1

ANWAR AL-'AWLAKI: METHODOLOGICAL BACKGROUND
AND SHIFTS

Anwar al-'Awlaki gained popularity due to many of his audio lectures being widespread in certain
Islamic bookstores. His lectures such as The Life of the Prophet (sallalldhu 'alayhi wassallam) 'set'
(Makkan and Madinan periods), Lives of the Prophets, The Hereafter 'set', The Life of Abu Bakr (radi
A //ah/-/ 'anhu) 'set', The Life ofUmar (radi Alldhu 'anhu) 'set', Constants on the Path of Jihad, The Story of
Ibn alAkwa (aka Book of jihad by Ibn an-Nahhds) etc. His earlier lectures (pre 2003) were
characterised by an archetypal Ikhwani methodology, along with sounding like a carbon-copy of
Hamza Yusuf! These lectures during this phase focused on Muslims "putting aside differences
and uniting for the greater good" and Ikhwani notions of "fiqh of priorities" and
"organized collective work of the Islamic movement" and "we unite on what we agree on
and allow each other on matters we differ on" and speaking on "corrupt, dictatorial,
totalitarian regimes in the Muslim world who the people resent" along with also citing
Sayyid Qutb within this. This can be seen in Awlakl's lectures Lessons Learned from the Sahdbah
L/r/ng as a Minority (given at a JIMAS conference (!!) during the Bank Holiday weekend of August
2002 CE in Leicester) and also in his lecture Tolerance: The Hallmark of a Muslim which can be
heard here: http:/ /www.halaltube.com/ tolerance-a-hallmark-of-a-muslim Awlakl can also be

1 Nu'aym bin Hammad, Kitdb ul-Fitan. It is also relayed in 'Ali bin Hisamuddeen al-Muttaqi al-Hindi (d. 975
AH/1567 CE), Kanz ul-'U'mmdl fi Sunan il-Aqwal wa'l-Afal (Beirut: Mu'assat ar-Risalah, 1989 CE), p.1795. It
can be accessed Online from the website of Imam Muhammad bin Saud Islamic University here:
http://www.imamu.edu.sa/DContent/BOOKS/arabic ibooki4/part2/home.html

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

seen in this video from the PBS documentary Muhammad: Legacy of a Prophet (2003) 1 giving a
khutbah at a Musallah in an American Congress building at Capitol Hill (!!!?):
http: / / www.youtube.com/ watch?v=OdTihDNYtuY&feature=related Also see him in his
interview with Ray Suarez in October 2001 here:

http:/ /www, pbs.org/ newshour/ updates /religion/july-dec09/alawlaki 11-1 1 .html and his
participation in a documentary (circa 2001/02) on Ramadan here:
http: / / www.youtube.com/ watch?v=3BgG22Lm2M8 wherein Awlaki states "I think that in
general Islam is presented in a negative way, I mean there's always this association
between Islam and terrorism when that is not true at all, I mean Islam is a religion of
peace "!? In the lecture It's a War Against Islam, AwlakT's exaggeration vis-a-vis politics can be
seen during that phase while he was in the US. He stated after twelve minutes into the lecture
while discussing the situation of a certain American Muslim who had been imprisoned:

"...and I'm gonna repeat it again, I take it as an article of faith for myself to believe

that he is innocent"!?

An article of faith?! This demonstrates his emotional side and that he was prone to reactionary
outbursts when the going gets tough. He takes a current issue and says publically that "he takes
it as an article of faith"!? Did Allah command him to take such an issue as an article of faith
like that? Awlaki therefore, on account of emotions and methodology, developed into a full-
blown takfiri-jihadi which in fact was the logical progression of a dedicated adherent of the
Qutbi-Ikhwani method. This, mixed in with the animosity that developed in Awlaki during the
so-called US "war on terror" and the injustice and oppression that was felt by some parts of the
Muslim community in America, was a recipe for disaster and contributed to Awlaki morphing
into an al-Qa'idah supporter. For the post 9/11 scenario in the US eventually culminated in
Awlaki making Hijrah to Yemen wherein his rhetoric became more vociferous. As for this being
in line with the Ikhwani methodology then the author of al-'Aqabat, which is a manual of the
Ikhwani methodology, states (vol.2, p. 596):

When the Islamic movement is tested with a terrorist leader that is not religious and who

arrests the du'at, then the plan is as follows:

S lessening the conveyance of the da'wah in order to do secretly, via individual da'wah
and contacts

S apparent membership to an organization that is concerned with the spirit of education
and limit their da'wah to purifying the souls

1 Refer to 2:09- 3:27 of Part 5 of the documentary as it has been placed in Youtube.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

S Linking up with organizations that teach the Qur'an and charitable, educational

foundations that work for Islam and da'wah underneath them.
S Working hard and striving vigorously in order to receive invitations to give lessons in

mosques, give khutbahs or teach in schools.

The use of popular, or rather populist, audio lectures and personality cults around speakers and

talks is another feature of the Ikhwanl method. The author of al-'Jlqabdt, a manual for the

Ikhwanl method, states (vol.2, p. 382):

From these means are: open sessions which includes questions asked via phone; from these means
are: Islamic audios wherein the most powerful audios are chosen by people to listen to; from these
means are: distributing Islamic books wherein the best books are chosen to be read in the fields of
ideology, da'wah and history.

The author continues:

From these means are: via giving general lectures with active da'wah which attracts the
listeners to the lecture wherein the da'iyah diagnoses the issues affecting the Muslims ;
distributing Islamic magazines, da'wah newspapers and ideological publications amidst
the youth; lectures wherein memorable Islamic events are told such as the battle of Badr ;
preparing visits, journeys and outings; anasheeds for da'wah, history and guidance; and
finally from these means of da'wah are: Islamic theatrics and historical plays.
Yet also within the Ikhwanl method is apparent denial of takfirl-jihadl operations in order to
maintain a united front against Muslim governments and otherwise. Salah as-SawT, one of the
main Ikhwanl ideologues, stated in his book ath-Than < » / 1/ yy/rdt [Constants and
Variables], pp.264-265, in regards to avoiding condemnations of those who float in their
ideological orbit, regardless of the extent of errors committed:

Not getting involved in denouncing other factions who work for Islam via knowledge-
based condemnations for example under the banner of "condemning extremism and
radicalisation" regardless of what operations these factions get involved in, which may
appear to be contrary to moderation, good intent and maturity. If it is a necessity to
comment on some crude actions that have been committed then what firstly should be
condemned is state terrorism which manifests extremism and harshness, this represents an
anticipated reaction to what the governments do out of their extremism and enmity against
Islam and the extremism of the governments in rejecting ruling by the Sharee'ah. There is
no way to resolve these repercussions and prevent the means to the extremism of the two
camps however except by ruling by the Sharee'ah and establishing the Book of Allah
within the Ummah which deters extremism and austerity. Due to the absolute
condemnation of these jihadi acts rivalry naturally developed among these factions and
filled the arena of Islamic action with tribulations and agitation, unless there was prior co-
ordination and mutual distribution of roles. Jahiliyyah is the most careful in questioning

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

the Islamists within these gatherings in order to get condemnation of jihadi actions which
are conducted by some factions under the banner of "the war on extremism". Due to this,
much pressure will be exerted and they will accuse them of colluding with the conspirators
in these operations if they do not condemn them and openly free themselves from such
actions. With this, its aims are achieved with full precision and the Islamic trends will split
apart and fuel fitna between the factions from one angle and make an example out of these
jihadi manifestations by punishing them, from another angle. From here comes the
necessity of fully safeguarding and utterly detailing what the Islamists do within such
gatherings from statements and sayings which affect any one of these factions. It is not far
off to say that the interests of Islamic action may require that a team of men have to
perform some jihadi efforts 1 and apparently let others bear blame. 2 It is not far off to
achieve that in practice if the Islamic action reaches a stage of consciousness wherein it is
possible to at least agree on anything that is likely to help the continuation of the Islamist
message within these circles without confusion or agitation.
Hence, if you glance at the innocent titles of 'Awlakl's lecture series, you would be easily forgiven
for thinking that they are free from any kind of neo-Takfiri agenda, yet upon closer scrutiny of
the actual contents of these lectures it becomes self-evident that al-'Awlaki is actually a Takfiri-
Jihadl propagator who not only makes takfeer of the scholars who do not agree that Muslims
should wage armed jihad during times of weakness, by referring to them as being "hypocrites",
but also supports a range of takflri neo-Khawarij groups and thus twists the proofs in order to

1 Shaykh, Dr AbdusSalam as-Sihaym! (Associate Professor at the Department of Fiqh at the Sharee'ah College,
the Islamic University ofMaaleenah) says about this: Meaning: causing devastation and bombings which
they think will harm the established system.

See 'AbdusSalam bin Salim bin Raja' as-Sihaymi, Fikr ul-Irhab wa'l-'Unffi'l-Mamlakati'l-'Arabiyyah as-
Saudiyyah: Masdaruhu, Asbdbu Instisharuhu, 'Ilaj [The Ideology of Terrorism and Violence in the Kingdom of
Saudi Arabia: Its Origins, the Reasons for Its Spread and the Cure] (Cairo: Dar ul-Menhaj, 1426 AH/2005 CE),
p.128.

2 Shaykh, Dr AbdusSalam as-Sihaymi comments on this: Out of prior co-ordination and mutual
distribution of roles as he mentioned before, this is placed under the principle "the ends justify
the means". So in order for their true situation not to be exposed some of them will denounce the
bombings and havoc that some cause, while some others will support such actions. This indicates
that the Muslim Brotherhood, and those groups that were born out of it, have two wings: a
political-ideological wing and also a paramilitary wing. Between the two are mutual exchanging
of roles via the use of different names according to the time and circumstances of the country that
they are in. This is what he mentioned in regards to not denouncing errors which contradict
moderation regardless of what these groups may get involved in, which are actions which oppose
the regulations of the Divine Legislation. How can he permit for them what he prohibits to others
and prohibit to them what he permits to others? What is this except for playing about with the
deen and the minds of the followers?

See AbdusSalam bin Salim bin Raja' as-Sihaymi,or).cz£,.p.i28

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

justify certain actions, as we will see in this study. This brand of takfiri-jihadi is of the subtle kind,
because unlike Abdullah Faisal, 1 who is less tactful in his takfirT approach and thus easily-
exposed, al- Awlakl exercises a rather different process when herding his unfortunate audience
towards his corrupted notions of takfeer and jihad. Al-'Awlaki gains your trust through well
manicured lectures which breach the perimeters of the heart, thus leaving you open for him to
administer his poisonous takfirT ideologies. As for the link from this to al-Qa'idah, then as we
stated beforehand the Ikhwani-Qutbi trend leads to such ideas, Shaykh Dr AbdusSalam as-
Sihayml (Associate Professor at the Department of Fiqh at the Sharee'ah College, the Islamic University
ofMadeenah) noted that:

Usamah bin Ladin was of those influenced by the ideology of Ayman adh-
Dhawahiri and Ayman adh-Dhawahiri was of those who made the books and
articles of Sayyid Qutb as a constitution for him and his follows to adhere to. 2 They
exert whatever they are able in order to implement (the ideas) of these books in a
practical way. I quoted from Sayyid Qutb prior which indicated that he revived the
ideology of the Khawarij during this era and he is considered the ideological
founder of these concepts during this time. 3
Indeed, Sayyid Qutb stated in Dhildl, vol.4, p. 122 — which is a work which Awlakl refers to in
some of his lectures:

"There is neither a Muslim State nor a Muslim society on the face of the earth
which has the principle of interaction within it which is Allah's Sharee'ah and
Islamic fiqh."

Qutb also said in Dhildl, vol.3, p. 1634:

"The Muslims today do not struggle because the Muslims do not exist; the issue of
the existence of Islam is one which today needs a cure."

Awlakl stated in part 5 of Thawdbit 'ala'd-Darb il-Jihdd [Constants on the Path of Jihad] after 31
minutes:

"People like Sayyid Qutb, we recognise the value of his words because he wrote
them with ink and blood , people like 'Abdullah 'Azzam and like Shaykh Yusuf al-

1 For a more detailed analysis of this hardcore neo-takfiri: http://www.salafimanhaj.com/ebook.php?ebook=45

2 Shaykh, Dr 'AbdusSalam as-Sihaymi comments on this: Ayman adh-Dhawahiri himself confirmed that
the books of Sayyid Qutb are the main constitution for him and his followers in the third series of
his published memoirs which were printed in ash-Sharq al-Awsat newspaper in Ramadan 1422
AH.

See AbdusSalam bin Salim bin Raja' as-SihaymT,op.czY,.p.i76

3 AbdusSalam bin Salim bin Raja' as-Sihaymi,op.rif,.p.i76

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'Ayr! whom we reading his book. These are people whom Allah Subhanu wa Ta'ala
gives a certain life to their words after they die, so it is as if their soul leaves their
body and enters their words and it gives their words a new life."

Thus, al-'Awlaki has traversed two distinct approaches:

♦♦♦ The Ikhwani and Qutbi phase, characterised by his earlier lectures while in the States

♦♦♦ The Takfirl-Jihadl phase, which is his current persuasion
He therefore jumped onto the bandwagon of the Takfiri mavericks and Khawarij bandits and
ditched the wishy-washy Ikhwani methodology.

'AWLAKI AND HIS "EXPLANATION" OF THE BOOK 'CONSTANTS
ON THE PATH OF JIHAD' BY AL-QATDAH MEMBER YUSUF AL-
'AYRI (ABU QUTAYBAH AL-MAKKT)

Al-AwlakI, who utilises the archetypal approach of the Khawarij Qa'diyyah, has 'explained' a
book by a Saudi jihadi, Yusuf al-Ayri, who according to his biographer 'Eesa bin Sa'd al-Awshan
(and translated by "al-Barbaree" and "edited by Aboo Irsad") did not even study at school!!? 2 See
the first page of the biography written by one of his followers, 'Eesa bin Sa'd al-'Awshan. 3 Yusuf
al-Ayri, who was one of those killed by the Saudi security forces because he was with the

1 Those who wage verbal warfare and verbal rebellion from the comfort zone of their armchairs or mimbars, but
never really participate in the Jihad which they are obsessed with.

2 Yusuf bin Salih bin Fahd al-'Ayri, also known as Abu Qutaybah al-Makki, born in Dammam in 1973 CE, was a
representative of the group which called themselves 'al-Qa'idah in the Arabian Peninsula' which was headed by
Abdul'Azeez al-Muqrin. Both died after shoot-outs with the Saudi police and al-Ayri was killed on 31 May 2003
CE. He fought in Afghanistan against the Soviets and then returned to Saudi Arabia in the early nineties and set
himself up as a takfiri ideologue. He has authored many books some of which have been translated into English
by the takfiris of the Tibyan Publications. Despite the fact that they were both killed by Saudi police forces they
are still oddly referred to by some as being "mujahideen" who "died in the path of Allah"!?

In an interview with Mshari al-Zaydi of Sharq al-Awsat newspaper Shaykh AbdulMuhsin al-'Ubaykan

(hafidhahullah) of Riyadh, the Shaykh was asked:

Many of the theoretical advocates of Al Qaeda, such as Yousef Al Airy and Faris Al Showail,
have been quoting the religious edicts and opinions of prominent sheikhs on issues of
Takfir and Jihad, implying that they are merely repeating the beliefs of Saudi religious
leaders. What is your opinion on such practices?

Shaykh AbdulMuhsin al-'Ubaykan (hafidhahullah) answered:

These new militant leaders are the product of a revival that calls for political incitement
and discord. They are willing to do anything that will serve their cause .

Mshari al-Zaydi, "Interview with Sheikh Abdul- Mohsen Bin Nasser Al-Obeikan" in Sharq al-Awsat, 24 May

2005 CE see: http://www.asharq-e.com/news. asp?section=3&id=8f;

3 This was available Online but appears to have been taken down from the site where the salafimanhaj.com team
first found it.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

terrorists who had killed innocent Muslims in Saudi Arabia, wrote a letter entitled the Global
Campaign to Resist Transgression: Falsification, Treachery and Lying Claims (this 'global campaign' was
headed generally by Safar al-Hawall), wherein al-'Ayrl says on pages 16-17:

SubhanAllah! The understandings have overturned, Safar just yesterday authored books
wherein he clarified the Arab tawagheet have the most evil impact on the Ummah and that
they are the ones who have replaced the deen of Allah and that they are the reasons for the
corruption and filth of the Ummah. Salman had fiery tapes wherein he would warn the
taghut governments and that all acknowledge that the most dangerous thing for the
Ummah is the deception of these governments and their seeking to destroy this deen. We
do not wish to transmit what confirms this from their (i.e. Safar and Salman) books and
statements as all who know them are certain that these were their previous views. Then
today comes and we see that the "Sahwa" of yesteryear has turned into "Ghaflah". For
these (Safar and Salman) and the government are in the same ditch and have become an
associated enemy.

Did you not tell us before that these governments are in the hand of the enemy?

Did you not say to us before that the direct colonisation had ended and that the indirect

colonisation of the Muslim lands was via these governments?

Did you not drill into our heads before that the worse dangers to the Ummah are these
governments which implement the desires of the enemy?

Did you not say to us before that these governments wage a war against Islam?
Did you not make takfeer of these governments?

Did you not debate Shaykh 'Abdul'Azeez bin Baz (rahimahullah) over the kufr of these
governments within audio tapes and in regards to the legality of these governments,
including the Saudi government, and you made takfeer of it? Your books and tapes still
testify to this against you (O Safar and Salman)! Then today comes and you and the
government are in the same ditch!

Did you not say before that these governments, and in particular the Interior Ministry of
Saudi Arabia, are not able to ever open the avenue for whoever wants good for the deen,
except for a small few of deceived elements from the Council of Senior Scholars?
So do not reject and deny this, for we will bring forth your statements from your audios
which you now reject today! 'Afwan for this expose but you were the ones who caused us to
do this. 1

So this man, Yusuf al-'Ayrl, and Allah knows best, was but a victim of the seeds which Safar and
Salman sowed, and he became disillusioned by the shifts of Safar and Salman, as too did many of
their former diehard followers in the UK who should have actually attached themselves to the

1 Refer to the lecture of Shaykh 'Abdul'Azeez bin Rayyis ar-Rayyis, after 38 minutes and 48 seconds into the
lecture Inkashaful-Qina': Haqeeqat Du'at us-Sahwa: http://www.islamancient.com/lectures.item.7i.html

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

credible and well-known scholars of Ahl us-Sunnah. 'Awlakl "explained" 'Ayrl's book entitled
Thawdbit 'ala Darb il-Jihad' [Constants on the Path of Jihad], transcribed and edited by "Mujadhid
fe Sabeelillah" and is Online to be downloaded here:
http:/ / downloads.islambase.co.uk/booksEN/Constants.pdf on page 46 (after 40:12 of part 4 of
the audio series):

"These people can come in the form of Shuyukh and they will tell you that it is not
the time for Jihad fe Sabeelillah, and because they are scholars you would listen to
them. Allah says, "And there would have been some among you who would have
listened to them." Why would they listen to these people? Because of the status
they have. They are leaders in their community, they're scholars, they're people
who know how to speak. They discourage a Muslim from doing Jihad fe
Sabeelillah and they are Munafiqoon; whoever discourages a Muslim from doing
Jihad fe Sabeelillah is a Munafiq since this ayah is referring to the Munafiqoon. A
Muslim who has become a Mujahid since this ayah is these people; he doesn't care
about their status, "how good you are at speaking or how scholarly you claim to be.
This is what Allah wants from me and I'm gonna do it" . And this is one of the
most, I would say today, serious fitnas today that the young brothers face. That
their scholars are not encouraging them instead they are discouraging them, that
Islamic movements are preparing but rather holding them back."
The ironic thing about this quote is that it apdy fits al- Awlakl himself, since all one needs to do
is to singularize the pronouns and re-direct the question: "Why would they listen to 'Awlakl?"
Answer: Because of the status he has. However, the difference here is that the status of
scholars is creditable due to their vast amounts of knowledge, but the status that is erroneously
afforded to al- Awlakl, then this is not the case. Al- Awlakl then sets out on his vague campaign
by claiming "They discourage a Muslim from doing Jihad fe Sabeelillah; whoever
discourages a Muslim from doing Jihad fe Sabeelillah is a Munafiq." Al 'Awlakl here gives
the impression that there are absolutely no occasions wherein (armed) Jihad should be
discouraged and that the one who discourages jihad (no matter the reason) should be labeled as a
"Munafiq". This blanket approach to understanding the dynamics of Jihad indicates clearly al-
Awlaki's obsession with all things "Jihad", and in particular the armed and martial aspect of it.
It seems that al- Awlakl, himself, is in need of a stiff reminder of the function of jihad, which
serves as a means to the goal (i.e. Tawheed) and it is not the goal itself.

So are there times in Islam when Jihad of an individual or jihad itself is discouraged?
Abdullah Ibn 'Aim (radi Alldhu 'anhumma) said: "A man came to the Prophet (sallalldhu alayhi

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

wassallam) and asked for his permission to go for jihad. He said, 'Are your parents alive?' He said,
'Yes.' He said, 'then jour jihad is with them. "' So did not Allah's Messenger discourage the Sahabi
from going to Jihad and does not this hadeeth demand al-AwlakT to provide detail for his vague
dismissive claim? The fact is that al-'Awlaki cannot provide specifics in his quest to undermine
the 'U/ama in the eyes of the masses, so he does what is so typical of these neo-takfiris and
argues his case on the vaguest of premises; hoping to recruit the gullible on his crusade against
the inheritors of the prophets by mere means of blanket accusations. Incidentally, it is an
uncanny fact how the people of innovation always base their unsteady arguments on broad
accusations. Shaykh ul-Islam Ibn Taymiyyah (661-728 AH/1263-1328 CE) said when explaining
the status-quo of the Muslims during the Makkan peroid:

It was instructed to abstain from fighting them due to his inability and the inability of the
Muslims, then when they migrated to Madeenah and gained assistance, Allah permitted
him to make armed jihad and then when they grew in strength Allah prescribed for them
fighting and did not prescribe fighting for them for their own safety as they were not able
to fight all of the kuffar. But when Allah opened up Makkah for them and halted fighting
against the Quraysh and the kings of the Arabs and a delegation of Arabs came into Islam,
Allah instructed the Prophet (sallallahu 'alayhi wassallam) fighting all of the kuffar except
those who had a temporal bond of agreement and Allah instructed him to annul those
absolute agreements and that which annulled it was leaving fighting. 1
He also said:

The reason for that tax upon them is only when the deen is manifest and raised such as
jihad and their adherence to paying the jizya and subjugation. So when the Muslims were
in a state of weakness in the beginning the duty (which the non-Muslims pay to the
Muslim state) was not Divinely Legislated, only after the deen had been completed and
manifest was that Divinely Legislated. 2
Then he said:

This was the result of patience and consciousness of Allah which Allah instructed (the
Muslims to have) at the very beginning of Islam and during that time the jizya was not
taken from any of the Jewish community, or other non-Muslim communities, who were
living in Madeenah. Those verses applicable to every Muslim in a state of weakness who is
not able to aid Allah and His messenger with his hand or via his tongue (i.e. by speaking),
but could help by using what he was able to by his heart and the likes. The verses about
subduing those non-Muslims who have contracts with Muslims are applicable to every
strong believer who is able to help the deen of Allah and His Messenger with his hand and

1 Al-Jawab as-Saheeh, vol.1, p. 237

2 Iqtida' as-Sirdt ul-Mustaqeem, vol.i, p.420

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

tongue (i.e. via speaking). It is with these verses that the Muslims were applying during
the last epoch of the Messenger of Allah (sallallahu alayhi wassallam) and during the
epoch of his rightly guided caliphs. And thus it will be until the Day of Judgement as there
will never cease to be a group from this ummah who are well established on the truth who
help Allah and His Messenger with complete help. So whoever from the believers is weak
in the earth or is weak in the time in which he is living in, must apply those verses of the
Qur'an which mention patience and forgiveness against those who are seeking to harm
Allah and His Messenger from those who were given the scriptures prior and also from the
polytheists. As for those people who are in a state of strength then they are to apply the
verses regarding fighting the leaders of kufr who slander the deen. They are also to apply
the Qur'anic verses regarding fighting those who were given the scriptures prior until they
pay the jizya and are subjugated. 1
Ibn ul-Qayyim said:

The first thing which his Lord revealed to him was to read in the name of his Lord who
had created. That was the beginning of his Prophethood, where Allah commanded him to
recite to himself but He did not yet command him to convey that. Then He revealed the
words:

'O you (Muhammad) enveloped in garments! Arise and warn!' [al-Muddaththir 74:1-2]
So he became a Prophet with the word 'Iqra (Read!) and he became a Messenger with the
words, 'O you (Muhammad) enveloped in garments...' Then Allah commanded him to
warn his closest kinsmen, then to warn his people, then to warn the Arabs around them,
then to warn all the Arabs, then to warn all of mankind. He continued to call them for over
ten years from the beginning of his Prophethood, without fighting or imposing the jizyah;
he was commanded to refrain , to be patient and to be forbearing. Then permission was
given to him to migrate, and permission was given to him to fight. 2

Imam 'AbdurRahman as-Sa'dl (rahimahulldh) said:

These verses include the order to fight in the way of Allah and this was after the hijra to
Madeenah. So when the Muslims became strong Allah instructed them to fight, after they
were instructed to abstain from it. 3

He then said:

And from it: is that if fighting was obligated upon them, with their small numbers and
many enemies, that would have led to Islam disappearing. Some of the believers held that
fighting during that condition was improper. What is actually suitable in such a period of

1 As-Sarim al-Maslul, vol.2, p.413

2 Ibn ul-Qayyim, Zad al-Ma'ad, vol.3, p.159

3 Tafseer, p.89

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

weakness is to establish what Allah has instructed from tawheed, prayer, giving charity
(zakah) etc. As Allah said,

"But if they done what they had been instructed to do it would have benn better for them
and would have strengthened (their faith)."

{an-Nisd (4): 66}

So when they migrated to Madeenah and Islam became powerful, Allah prescribed
fighting for them at the suitable time. 1
Imam Muhammad bin Salih al-'Uthaymeen (rahimahulldh) said:

There is a necessary condition within this which is that: the Muslims have ability and
power that enables them to fight. If they do not possess the power yet put themselves
forward to fight, they will be destroyed. 2 For this reason, Allah did not obligate the
Muslims to fight whilst they were in Makkah as they were unable due to their condition of
weakness. But when they migrated to Madeenah and established the Islamic state they
assumed power and were instructed to fight. Based upon this there is no escape from this
condition and if not the remaining obligations would be redundant as all of the obligations
have the condition of ability based on Allah's saying,

And Allah's saying,

1 Tafseer, p.i88

2 This is what has occurred with many of the so-called "leaders of jihad" that were based in London, which serves
as an excellent example of where such misguided actions in the name of "jihad" materialised into nothing, largely
due to not taking the advice of the scholars of Ahl us-Sunnah and Salafiyyah. They have either openly freed
themselves from such desperate terrorist actions committed in the name of jihad or their hasty and naive plots
have been completely destroyed leaving no positive benefits whatsoever from their actions and only bringing
about harm to their own selves. Whether it be running websites from shed hide-outs in Tooting (South London)
to plotting to hijack trans-Atlantic airliners to planning to kill nightclub-goers to hatching plots to kill women and
children - the end results have not reaped anything positive and have only brought about greater harms. Yet
oddly enough despite all of these terrorist intrigues against those whom they claim to hate so much, when the
going gets tough these terrorists begin to evoke how "British" they are and the rights that they should deserve as a
result?! If this is not the case then such imprisoned individuals all of a sudden request "sympathy" from those
Muslims who they showed no sympathy to whatsoever and in fact had described as being "spies", "Jews",
"hypocrites" and "sell-outs". [TN]

"Fear Allah as much as you can..."

{Taghdbun (64): 16}

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

"Allah does not burden a soul more than it can bear..."

{Baqarah (2): 286}.^

Then Imam 'Uthaymeen (rahimahulldh) said in response to a question related to the Islamic

society's need for jihad in the path of Allah which asked:

The virtue of jihad and its lofty status in the Divine Legislation of Islam is in order for the
deen to be entirely for Allah. In addition to this I ask: is fighting obligated or permissible
without being prepared for it?

The answer from Imam 'Uthaymeen (rahimahulldh):

It is not obligated and it is not permissible without being prepared for it. Allah did not
obligate on His Prophet (sallallahu 'alayhi wassallam) whilst he was in Makkah to fight the
Mushrikeen and permitted His Prophet in the Treaty of Hudaybiyah to make an
agreement with the Mushrikeen. 2 This was an agreement which if a person read would

1 Shark ul-Mumti', vol.8, p. 9

2 The Hudaybiyah Treaty was made between the Muslims and the polytheists of Quraysh. When the mushrikeen
of Quraysh witnessed the determination of the Muslims to risk their lives, properties, wealth and families for
their faith in order to spread it peacefully, they realised that the Prophet Muhammad (sallallahu alayhi
wassallam) and his followers (radi Allahu 'anhum) could not be bullied or frightened by mere scare tactics.
Therefore, a treaty of reconciliation and peace was made between the Quraysh and the Muslims. The clauses of
the treaty were:

• The Muslims would return and come back in the following year (7 AH) but they would not stay in
Makkah for more than three days and without arms except those concealed.

• War activities were to be suspended for ten years, during which both sides will live in security with
neither side waging war against the other.

• Whoever wishes to join Muhammad (sallallahu alayhi wassallam) was free to do so and likewise
whoever wished to join the mushrikeen of the Quraysh was also free to do so.

• If anyone from the Quraysh joins Muhammad (sallallahu alayhi wassallam) without his parent's or
guardian's permission, he should be sent back to the Quraysh, but should any of Muhammad's followers
return to the Quraysh, he was not to be sent back. (Safiur- Rahman al-Mubarakpuri, The Sealed Nectar
(ar-Raheequl-Makhtum) Darusalam, 2002, p.403)

The treaty was significant in that the Quraysh began to recognise the Muslims legitimate existence and began to
deal with them on equal terms. Safiur-Rahman al-Mubarakpuri notes in his biography of the Prophet
Muhammad (sallallahu alayhi wassallam) pp.407-408: "The Muslims did not have in mind to seize people's
property or kill them through bloody wars, nor did they ever think of using any compulsive approaches in their
efforts to propagate Islam, on the contrary their sole target was to provide an atmosphere of freedom in ideology
or religion, "Then whosoever wills, let him believe, and whosoever wills, let him disbelieve." {al-
Kahf (18): 29}" The Muslims on the other hand had the opportunity to spread Islam over areas not then
explored. When there was the peace agreement, war was abolished, and men met and consulted each other, none
talked about Islam intelligently without entering it; within two years following the conclusion of the treaty, twice

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

think that within it was a setback for the Muslims. Many of you know how the Treaty of
Hudaybiyah was to the extent that 'Umar ibn al-Khattab (radi Allahu 'anhu) said "O
Messenger of Allah! Are we not upon the truth and our enemies upon batil?" The
Messenger of Allah (sallallahu 'alayhi wassallam) said "Yes." 'Umar said "Then why
should we accept such difficult terms in the affairs of our deen?" 'Umar thought that there
was a setback for the Muslims within the treaty. However, there is no doubt that the
Messenger of Allah (sallallahu 'alayhi wasallam) has more understanding than 'Umar and
Allah permitted the Messenger to do that. The Messenger of Allah said "Indeed, I am the
Messenger of Allah and I would not disobey him and He will help me" so if it was clear
that the treaty was a setback for the Muslims then this indicates to us brothers an
important issue which is the strength of a believer's trust in his Lord. So what is important
is that it is obligatory upon Muslims to wage jihad in order to make the word of Allah the
most high and so that the deen will be entirely for Allah. However, currently we do not
possess as Muslims that which can enable us to wage jihad against the kuffar, even if is
defensive. As for offensive jihad then there is no doubt that this is not possible right now
until Allah brings consciousness to the ummah which prepare the ummah in terms of
Tman, personally and militarily. As for us today in this regard we are not able to wage
jihad. 1

What also proves that strength is a primary condition to establishing offensive jihad (to spread
the borders of Islam) is that Allah made it a condition in a number of obligations where one
Muslim man would be opposed to two, as Allah said,

<^jj yCp\\ aJJIj Jj! OiU ijJlSo LaJ( J>S d\j

"Now Allah has lightened your (task), for he knows that there is weakness in you. So, if
there are a hundred of you that are steadfast, they will overcome two hundred. And if
there are a thousand of you, they will overcome two thousand, by the permission of
Allah. And Allah is with those who are patient."

{al-Anfdl (8): 66}

So if the kuffar are three times the number of Muslims, fighting would not be obligated on the
Muslims and it would be correct for them to runaway as the Sahabah did at Mu'tah. This makes

as many people entered Islam than ever before. This is supported by the fact that the Prophet (sallallahu alayhi
wassallam) went out to al-Hudaybiyah with only 1400 men, but when he set out to liberate Makkah, two years
later, he had 10,000 men with him. [TN]

1 Liqa' (open session) Thursday, 33 during the Month of Safar 1414 AH'1/1994 CE

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

it certain that strength is a condition and also from this is what has been reported by Muslim
from an-Nawwas bin Sam'an in the story of the 'Isa's (alajhi saldm) killing of the Dajjal, he
narrated: The Messenger of Allah (sallalldhu alajhi wassallam) said "Allah will reveal to 'ha "I have
brought forth from my servants some people who no one will be able to fight against; take these people safely to
Mount Tiir" and then Allah will send Yajuj and Majuj. . . " Imam NawawT (rahimahulldh) said:

The scholars have said that the meaning of this hadeeth is that when there is no power or
ability due to his inability to defend himself and the meaning of their flight to Mount Tur
is: to gather the people all together and establish a fortified place for them. 1
Within this hadeeth it can be seen that when the strength of 'Isa (alayhi saldm) will be weak in
relation to the power of Yajuj and Majuj, Allah will order 'Isa not to fight or to wage jihad against
them, this indicates that strength is a condition (for waging armed military jihad)}

So we have to assess al-Awlaki's words in light of the words from the Prophetic
Methodology, which was handed down by Allah and commented on by the great Imam Ibn al-
Qayyim, and this is enough to render al-Awlaki's claims as futile. Al-'Awlaki claims that
"whoever discourages a Muslim from doing Jihad fi Sabeelillah is a Munafiq". However,
this presents a problem because the Sunnah and Islamic history are replete with examples of
jihad, or the jihad of a person, being discouraged for various reasons — thus how many of the
Salaf has he smeared with his general indictment? How can a Muslim, who is familiar with the
Book of Allah and the Authentic Sunnah, not care about the status of the people of Knowledge?!
There is no doubt that when al-'Awlaki encourages the Muslim youth not to care about the
status of the scholars, he intends to drive a wedge between them and the inheritors of the
Prophets. This is because, as long as the youth listen to their noble scholars, never will al-
'Awlaki' s obsession with everything (armed) "Jihad" be adopted and followed. To undermine the
status of the scholars is to undermine the following verse of Allah:

We should be aware that Ibn 'Abbas said that a Uli alAmr refers to the people of knowledge,
therefore how are we to undermine the status of the scholars when Allah has commanded us to
obey them?! To undermine the status of scholars includes undermining the rights of the scholars.

1 Sharhu Muslim, voli8, p.68

2 More on this is discussed by our Shaykh 'Abdul'Azeez bin Rayyis ar-Rayyis (hafidhahullah) in this ebook, pp. 30-
39, translated by 'AbdulHaq ibn Kofi ibn Kwesi al-Ashanti here:
http://www.salafimanhai.com/pdf/SalafiManhaj TakfeerAndBombing.pdf

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

The Messenger of Allah said: "Not from us is the one who does not honour our elders, or the one who does

not have mercy for ourjoung or who does not recognise the right of our scholars. "'

'AwlakI continues (after 44:50 of part 4 of the audio series):

"A great majority of our youth want to please Allah the proper way, but because of
these Shuyookh and Muslim celebrities, they are holding back these youth from
doing Jihad fi Sabeelillah. Look at how much sin that these people are
accumulating! What they are doing falls under the service of the kuffar; their
da'wah is in service of the kuffar . Whether they are paid for it or not, whether they
meet with Intelligence Agencies or not, it doesn't make a difference. If what you
are doing is serving the kuffar, then you have become one of them . Whether you're
doing for a pay, or for free, whether you are doing it in co-ordination with them or
you're doing it on your own, it doesn't make a difference the end result is the
same!"

Here, once again, he argues on the fallacious premise of an argumaitiin/. ad pop////////, appealing to
his audience through imaginary masses: "A great majority of our youth want to please Allah
the proper way". So by this is he claiming that the youth know how to please Allah 'the proper
way' but the inheritors of the Prophets, who have studied twice the life span of most of these
youth, know not?! Al- AwlakI here claims to be speaking on behalf of the masses, and even if
this were true, he still would be a worthy candidate for a practical example of the hadith of Abu
Hurayrah who said that the Messenger of Allah (sallalldhu 'alajhi wassallam) said: "There shall come
deceptive years. The truthful shall be deemed liars, while the liars shall be believed. 7 'he honest shall be deemed
dishonest, while the dishonest shall be deemed honest; and the Rnwaybidah will begin to speak. The
companions asked: "What is Ruwaybidah O Messenger of Allah?" He replied: I / /
foolish man who speaks on general affairs. " Another subtle approach of AwlakI is his uniform knack
to place names to the scholars he wishes to wage war against without actually having to verbally
mention a single name. He does this by silhouetting those who he wishes attack through the use
of pronouns and general terms like "Shuyukh" or "scholars", just suggesting enough for his
audience to know exactly who he is referring to. This underhanded method protects him from
completely exposing himself but at the same time it permits him to speak out against the people
of knowledge. So al- AwlakI translated a book by Yusuf bin Salih al- Ayr! (aka Abu Qutaybah al-
Makkl) who was killed in a shoot-out with Saudi police. Shaykh Salih al-Fawzan was asked:
A publication has been spread among the youth which permits killing the security forces
and especially the inspectors and it is based on a fatwa from one of the students of

1 SahTh al-jami' No. 5443

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

knowledge, which rules these security forces to be apostates. We request from you
respected Shaykh to explain the Shari' ruling with regards to this and the effects that will
arise from this dangerous action.

Answer from Shaykh Salih al-Fawzan:

This is the madhdhab of the Khawarij , for the Khawarij killed 'Ali bin Abi Talib (radi
Allahu 'anhu) who was the best of the Sahabah after Abu Bakr, 'Umar and 'Uthman. The
one who killed Ali bin Abi Talib (radi Allahu 'anhu) did he not kill a man of security? This
is the madhdhab of the Khawarij and the one who gave them the fatwa allowing this is like
them and one of them , we ask Allah for good health. Inspectors are from the armies of the
Muslims and they work to safeguard security. 1

Imam Bin Baz (rahimahulldh) was asked:

Is the work of the Mutawwa'een along with the security forces considered to be from the
actions of being posted at the frontline (ribat) or not?

Imam Bin Baz answered:

The work of the Mutawwa'een in every country along with the security forces against
corruption and vice is considered to be jihad in the path of Allah for whoever has rectified
their intention. 2

Also with regards to "meeting with Intelligence Agencies" then those who are guilty of this
most are the likes of the takfiris and their minions! The likes of Omar Bakri, Abu Qatadah al-
Filistini, Abu Hamza and a whole host of other /« ' / , \ are well-known for their meetings
with not even the police, but with Intelligence Services! Some of them have even been protected
and sheltered by them! As in the case of Abu Qatadah al-Filistlni after 9/11 which is perhaps the
most well-known example in the UK of being sheltered by the intelligence services! What is all
the more ironic is that AwlakI himself stated in a documentary on Ramadan in 2001/02:

"I think that in general Islam is presented in a negative way, I mean there's always
this association between Islam and terrorism when that is not true at all, I mean
Islam is a religion of peace " 3 !?
Only to then later translate the work of one who was with the terrorists!

1 Shaykh, Dr Salih bin Fawzan al-Fawzan, Muhammad bin Fahd al-Husayn (editor and compiler), al-Ijabat al-
Muhimmah fi'l-Mashakil al-Mumilah (Riyadh: Matabi' al-Humaydl, 1425 AH/2004 CE, Second Edition), pp.94-
95-

2 Majmu' al-Fatawa Shaykh Bin Baz, vol.6, p. 123.

3 See 2:45 here: http://www.youtube.com/watch?v=3BgG2ZLm2M8

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'AWLAKI MOCKS THE DA'WAH OF TASFIYAH AND TARBIYAH,
HEREBY MOCKING THE DA'WAH OF IMAM AL-ALBANI

'Awlaki also states in Thawdbit 'ala Darb il-Jihad' [Constants on the Path of Jihad], as per the
transcript of the lecture (and in part 1 of the six-part audio series):

"Many say before Jihad, there must be tarbiyah; they say tarbiyah is a prerequisite
of jihad, so without tarbiyah there is no jihad. Others say that we are at the Makkah
stage, therefore there should not be any fighting, is this justified? If someone starts
practising Islam, or someone reverts to Islam, would we tell them that they have to
have tarbiyah before they start fasting? Or, that we are now in the Makkah period
so there is no need to fast? There is no difference in this matter and Jihad
feesabilillah. The instruction for Siyam and Jihad is no different, it came in the
same form (surah baqarah). Fasting was prescribed after Jihad, it took longer. Why
must we require tarbiyah, when our rasool (saw) did not ?"
Here 'Awlaki clearly attacks the people who claim Tarbiyyah is needed before Jihad. From these
attacks is a subtle attack of the noble scholar of Hadeeth, Imam Muhammad Nasiruddeen al-
Albanl (rah/ ho popularised Tasfiyyah wat-Tarbiyyah in a famous lecture and in some of

his books and was mentioned often by his well known students. Imam al-Albani stated:

We have to begin with at-Tasfiyah and at-Tarbiyah; any movement which is not
based on this foundation has no benefit whatsoever. 2
Also, the analogy that Awlaki depends on when he argues his case for Jihad without tarbiyyah is
a flawed analogy and, as a consequence, so is his conclusion, because fasting and Jihad ad-Difd'
do not share the same rulings; fasting (Ramadhan) is fard 'ayn whereas jihad (in its as!) is fard
kifayah. Imam AbdulAzeez ibn Baz said:

We have previously explained on more than one occasion that Jihad is a fard kifayah, not a
fard 'ayn. All Muslims must endeavour to support their brothers with their selves (i.e.,
physically, by joining them), or with money, weapons, da'wah and advice. If enough of
them go out (to fight), the rest are free from sin, but if abandon it (i.e. Jihad), then all of
them are sinners. 3

Therefore fasting (Ramadhan), due to its ruling, remains an indivdual obligation, but as for
offensive Jihad, then obviously this is not the case. How can he even allow his lips to move and

1 For example, Shaykh 'Ali bin Hasan al-Halabl al-Athari authored at-Tasfiyah wa't-Tarbiyah.

2 Muhammad Ibraheem ash-Shaybam, Hayat ul-Albani, (Kuwait: Markaz ul-Maktutat wa't-Turath wa'l-
Watha'iq, 1425 AH/2004 CE, 2 nd Edn.), vol.1, p.388

3 Fatawa Shaykh Ibn Baz, vol.7, p.335

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

claim that our Messenger never performed tarbiyyah?! So what was he doing with the Muslims
for ten years before the verses for qitdl descended?! So when AwlakT asks

"If someone starts practising Islam, or someone reverts to Islam, would we tell
them that they have to have tarbiyyah before they start fasting?"
Then we reply: no, we would not tell them that they "have to have tarbiyyah", but rather we
would teach them the prophetic method of fasting, which in itself is tarbiyyah, because how else
would he know how to fast correctly except through means of tarbiyyah?! All pillars in Islam
have prerequisites; the Shahada has prerequisites; the Salah has prerequisites, so why would jihad
or Siyam be exempt from having prerequisites?! Is it not a prerequisite for a Mujahid to have
correct / 'ah and ' bids in Allah in order to make sure his qitdl is for Allah, upon the sabil of
Allah? But how can one have a correct 'ai/eedab in Allah or fight jihad upon the sab// of Allah
except through means of tarbiyyah? How can one separate true jihad waged for the sake of Allah
from jihad-nullifying acts like nationalism, patriotism or terrrorism except through tarbiyyah?
Even one of the leaders of the Ikhwan ul-Muslimeen recognises the prerequisite for tasfiyyah
and tarbiyyah upon the correct 'aqeedah when he said:

Establish the Islamic state in your hearts and it will be established for you on the earth. ' 1
When the Mongols invaded Sham, the Muslims went out to confront them, yet they had some
practices of Shirk amongst their ranks. Shaykh ul-Islam Ibn Taymiyyah (rahimahulldh) emphasised
correcting the 'aqeedah of the Muslims and calling the Muslims to tawheed, as is mentioned in his
refutation of al-Bakri which has been published as Talkhees Kitdb ul-lstighdtha (vol. 2, pp. 731-732):
Some of the senior scholars from our companions were saying that tawheed is the
greatest thing, knowing that it is the basis of the deen. Yet on the other hand,
others were calling upon the dead and asking them for help, supplicating to them,
humbling themselves to them and maybe even what they were doing with the dead
was the worst thing, calling upon the dead in times of need. They were therefore
calling upon the dead hoping for a response to their request or they make a
supplication by the grave of the dead as opposed to worshipping Allah and calling
upon only Him. They call upon the dead most of the time to the extent that when
the enemies, who were outside the Divine Legislation of Islam, entered Damascus,
some of the people went out to seek help from the dead at the graves which people
hoped could remove afflictions. Some of the poets said:
those who are scared of the Mongols,

1 This famous statement was relayed often by Imam al-Albam (rahimahullah) and was stated by the former
Murshid of the Ikhwan, Hasan al-Hudaybi.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

go to the grave of Abi Vmar

and:

seek refuge in the grave of Abi 'Umar,
it will save you from harms and afflictions"

Then Ibn Taymiyyah said:

I said to them: those who were seeking help and assistance from the dead in the
graves that even if they were with you in the battle they would be defeated as the
Muslims at Uhud were defeated. 1 As it was certain that the army was destroyed due
to reasons that necessitated that, Allah's wisdom is in that.

Ibn Taymiyyah continues:

So therefore the people of knowledge of the deen and those possessing insight did
not fight on that occasion alongside the practices of innovations and shirk. This
was due to the fact that the fight was not a Divinely Legislated fight that Allah and
His messenger have commanded, as evil and corruption would have been achieved
as opposed to the desired victory from the fight. There would not have been any
rewards in this life or in the next for whoever knows this . As for many of those who
believed that this was a Divinely Legislated fight then they will be rewarded for
their intentions. After that we began to command the people to have sincerity to
the deen of Allah and to seek help from Him and that they should not seek help
from anyone other than Allah, whether it be an angel or prophet, as Allah said on
the Day of Badr:

"(Remember) when you asked for help from your Lord, and He answered you..."

1 Shaykh AbdulMalik ar-Ramadam al-Jaza'iri in his book as-Sabeel ild 'Izz wa't-Tamkeen (Riyadh, KSA: Dar at-
Tayyibah, 2000) commented on this from Ibn Taymiyyah saying: Contemplate on these two matters:
FIRST: The necessity of purifying the beliefs of those striving in the way of Allah, even if there are righteous
people amongst them this will not benefit them at all so long as innovations and idolatrous practices are rampant
within the ranks of the Muslims. How can an army that seeks nearness to Allah with shirk and is stubborn
towards the muwahhideen be aided?!

SECOND: The sound deduction of Ibn Taymiyyah wherein he deducted the low with the lofty. The Muslims at
Uhud did not fall into shirk yet they disobeyed the messenger (sallallahu 'alayhi wassallam) and were thus
defeated. So is it reasonable to think that Muslims will be aided by Allah if they have innovations, idolatrous
practices, Sufism, denial of Allah's attributes (tajahhum), rafd (rejection of the rightly guided caliphs) and great
tribulations?!

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

{al-Anfal (8): 9}

It is also narrated from the Messenger of Allah (sallallahu 'alayhi wassallam) said
on the day of Badr: "O Ever-Living, Self-Sufficient, there is no god worthy of worship except You,
with Your Mercy I ask You for help. " x In another wording: "Rectify all of my affairs and do not
i j Iron/ Your i itioi

Ibn Battah narrated in his al-Ibdnah (no. 1848) that 'Umar ibn Abdul'Azeez said: "Do not do battle
alongside the Qadariyyah, for they will not be helped. " Then Ibn Taymiyyah concludes with:

When the people rectified their affairs and were truthful in seeking help from only
Allah, Allah gave them victory over their enemy with a mighty victory indeed. The
Mongols had not suffered such a defeat as they did on that occasion. The
realisation of the tawheed of Allah was corrected and obeying the Messenger from
whence they did not beforehand. Allah gave victory to His messenger and those
who believed with him in this life and in on the day when the witnesses will be
established.

Hence, the importance of Tarbiyah and Tasfiyah, despite 'Awlaki's aspersions to its importance,
yet this is not surprising from one who has no experience in the practicalities of jihad!

AWLAKI SAYS JIHAD DOES NOT NEED PERMISSION OF
LEADER

'Awlaki also states in Thcovtibii 'a/ii Darb //-j/had' [Constants on the Path of Jihad], in part 1 of the
six-part lecture series:

"This 'ibadah which the kuffar are trying to cover and are calling it 'terrorism' and
criminal acts, and they are branding the followers of this path as terrorists,
extremists and revolutionary, these names deceive us. Wherever you see the word
'terrorist' replace it with the word 'jihad', the reason they are not saying 'Jihad' is
because these are words in the Qur'an. But in reality it's jihad . And the hypocrites
are helping them. They do this in the following ways:

1 The verifier mentioned seeking help in this hadeeth which was reported by an-Nasa'T (hadeeth no. 6n); al-
Hakim (vol. l, pp.222) and al-Bayhaql in his Dala'il un-Nubuwwah (vol. 3, p.49). It is authenticated in the
narration of TirmidhI (hadeeth no. 3524) and others, and from Anas (radi Allah 'anhu) with the words: "The
Prophet (sallallahu 'alayhi wassallam) whenevr he was worried about a matter would say: "O Ever-Living, O
Self -Sufficient, with Your Mercy I ask You for help."

2 The verifier also mentioned that this is a narration from Ahmad (vol. 5, p. 42); Abu Dawud (hadeeth no. 590)
and al-Bukhari in al-Adab ul-Mufrad (hadeeth no. 701), and it is saheeh.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

•S They say that Jihad is defensive and not offensive

•S They say Jihad is only allowed to free Muslim lands

■S It must be per for med by the permission and instruction of the imam

•f Jihad has ended at the time of prophet (saw)

▼ Jihad is not applicable at this time of global peace."

Herein, as 'Awlaki is unable to present a detailed academic study of these matters in light of the
Usui and what has been outlined by Muslim scholars in history he instead presents emotional
arguments which appeal to emotions. Yet in 'Awlakl's "explanation" of Ibn an-Nahhas' book
Mashdri' ulAshwdq ild Masdri ul-'XJshshdq which we will discuss in further detail later, Awlaki
himself quotes (in CD 12, Track 9) Ibn an-Nahhas as saying

The oppression of an Imam should not prevent from jihad with him. It is

acceptable to fight with the Imam who drinks or commits major sins.
Awlaki briefly comments on this by saying:

"...so jihad is so important that it is even allowed to fight with a leader who drinks!

So jihad should never stop."
Here however, Awlaki glosses over this issue and does not discuss it in depth due to it not only
exposing his own stance on the rulers but also as it will expose that in fact 'Awlaki makes takfeer
on all the Muslim leaders in the world today and views them as being "apostates" and not
sinners. Jihad requires an Imam, or Muslim Leader, whom Muslims will fight under his
leadership. This is an important condition for which the Sunnah has provided ample evidence.
Also, the conduct of the Salaf shows that this indeed is a requirement. Al-Bukhari, Muslim, Abu
Dawud and an-Nasal reported that the Messenger of Allah said, what translated means, "The
Imam is only Junnah (shield, barrier, refuge, etc.); fighting is raged by his authority and he serves as a shield.
When he enjoins avert involves the Taqwa (fear) of Allah, and if he is just, he will gain a reward. If he enjoins
otherwise, he will carry the burden of his actions. " Further, Imam Al-Bukhari reported that Ibn 'Abbas
narrated: "The Messenger of Allah said, There is no Tlijnih after al-Fat'h (meaning the capture of
Makkah by the Prophet in 8 A.H.), but only Jihad and Niyyah (intention), and if you were called upon (by the
A luslini Leader), then mobilise. "' All these Texts are clear and direct in their meaning. As for the
Salaf they have similar statements concerning this subject. In his Ttiqdd Ahl us-Sunnah, Imam
Abu Bakr al-Ismalll (d.371 AH) states in point no.43:

-ill bti l\ yrl3 jl JlT \ y, tj»JL~9 utiaf— U A*sJr\-o%a}\ bjjij---"-

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

They (Ahl us-Sunnah) view that the prayer, whether it is congregational or any other,
should be made behind every Muslim Imam, good or sinful, because Allah made the
congregational prayer obligatory specifically and absolutely. This is even though Allah
knew that some of those who establish it will be immoral and sinful, and he did not
exempt any time or instruct to make another congregation.

44 - They view jihad against the kuffar with the leaders even if the leaders are sinful and
immoral.

45 - They view that du'a should be made for the leaders so that they be righteous and just.

46 - They do not view that khuruj be made against the leaders with the sword (i.e. with
weapons).

47 - Nor should there be any fighting during fitna (tribulations).

48 - They view that the transgressing group be fought against with the just Imam.

49 - They view that the abodes are places of Islam (Dar ul-Islam) and not Dar ul-Kufr as
the Mu'tazilah say. As long as the call to prayer is made and the prayer established
apparently and the people are established (with their deen) in it with safety. 1

Imam Abu Ja'far at-TahawT, author of "Ai/t < ' > " 1 < rj 'rich was explained by Ibn Abi'l-'Izz
al-Hanafi, states:

1 See al-Hafidh Abi Bakr Ahmad bin Ibraheem al-Isma'ih, Jamal 'Azun (ed.), intro. By Shaykh Hammad bin
Muhammad al-Ansarl, Kitab TtiqadAhl is-Sunnah (Riyadh, KSA: Dar Ibn Hazm, 1420 AH/1999 CE), pp.55-56.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

We do not view (that it is permissible to) revolt against our leaders or those who are
responsible for our affairs and even if they transgress we do not make du'a against
them and we do not take back the covenant of obedience from them and we view that
obedience to them is from obedience to Allah and obligatory as long as they do not
command to disobedience and we make du'a to Allah for them to have correctness and
good health.

As for the consensus which indicates this clearly is that which was stated by Imam an-Nawawi
(rahimahulldh) in his explanation of Saheeh Muslim wherein he stated:

As for revolting against the rulers and leaders and fighting against them then it is haram
(impermissible) according to the consensus of the Muslims even if they are sinful
transgressors. 5

Al-Hafidh Ibn Hajar al-'Asqalanl transmitted this in his book Fath al-Bdrtvo\.\2>, p. 7) from Imam
Ibn Battal, who has an explanation of Saheeh Bukhdri which has been published:

2 Shaykh 'Ali bin Hasan al-Halabi al-Athari stated regarding this, in a lesson with some brothers from London on
Thursday 16 th March 2006 at the Imam al-Albani Centre in Amman, Jordan: This obviously means by extension
removing themselves from the obedience of Allah as the Prophet (sallallahu alayhi wassallam) said "There is no
obedience to the creation in disobedience to the Creator" and he (sallallahu alayhi wassallam) also said
"Obedience is only in that which is good." If the issue is in regards to that which opposes the Divine Legislation
and the affair of the Allah and His Messenger, then obedience in this regard is not permissible.

3 Meaning: responding in obedience to the leader is as if you have responded in obedience to Allah, it is
obligatory.

4 Instead of making du'a against them we make du'a for them as Imam Ahmad (rahimahulldh) mentioned.

5 Meaning: even if those Muslim rulers are sinners and transgressors.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

The fuquha (Islamic jurists) have reached consensus that obedience must be made to the
leader who becomes dominant (mutaghallib) and making jihad with him and that
obeying him is better than revolting against him due to the blood which would be spilt in
that and this would not be permissible unless there was clear kufr from the leader. 2
Imam Abu 'Uthman as-Sabunl (d.449 AH) stated in 'Aqeedat us-Salaf wa As-hdb ul-iiiidectlr.

The People of Hadeeth view that the establishment of the Jumu'ah and the two 'Eids and
other than that from all of the prayers that are made behind a Muslim Imam, righteous or
sinful, as long as he is not a disbeliever who is outside the fold of the religion. They (the
People of Hadeeth) make du'a for the Muslim rulers for success and righteousness, and

1 Shaykh 'Ali bin Hasan al-Halabi al-Athari stated regarding this, in a lesson with some brothers from London on
Thursday 16 th March 2006 at the Imam al-Albani Centre in Amman, Jordan: Here we must stop at this word
"mutaghallib (the one who overpowers and becomes dominant)" for a while. In the next session it will
be made apparent to us that the paths for a ruler acquiring power are numerous and from the paths are in the
case of a ruler who becomes dominant and overpowers others (al-Mutaghallib). It is when a person opposes the
Divine Legislation and revolts against the Muslim leader and thus becomes dominant, and this has happened in
Islamic history and the scholars noted that this opposes the Divine Legislation. However, the one who revolted
against the Muslim ruler has established and settled security and command now and is able to control the Muslim
lands as he obviously is a Muslim yet has opposed the consensus of the Muslims by revolting in the first place yet
has seized the reins of power from the first bearers of it. The scholars have reached agreement that the leader who
overpowers the reins of authority from another leader is to be obeyed and this is Divine Legislated. Why? Because
it is feared that revolting against this one again will only cause a worse tribulation. For that reason, the greatest
intents of the Divine Legislation is that preventing the harms takes precedence over enforcing the benefit.

2 Shaykh 'Ali bin Hasan al-Halabi al-Athari stated regarding this, in a lesson with some brothers from London on
Thursday 16 th March 2006 at the Imam al-Albani Centre in Amman, Jordan: As now the leader would have been
expelled from the condition of being a Muslim due to falling into clear kufr. For this reason, the Prophet
(sallallahu alayhi wassallam) said: "Until you see clear (buwahan) kufr, for which you have with you evidence
from Allah." Pay attention here: "you have with you ('indakum)" meaning that this evidence is firmly settled in
you hearts and is clear in front of your eyes, not any type of kufr rather it must be clear, explicit and apparent!

s Shaykh 'Ali bin Hasan al-Halabi al-Athari stated regarding this, in a lesson with some brothers from London on
Thursday 16 th March 2006 at the Imam al-Albani Centre in Amman, Jordan: If such a person is a disbeliever who
is outside the fold of the religion then the issue of revolting against him is not something that would need to be
researched at all. The issue of revolting against a non-Muslim ruler has to be referred back to weighing up
between the benefits and harms and it also has to be referred back to thefatawa of the scholars.
4 Shaykh 'Ali stated: To the extent that Imam Ahmad ibn Hanbal (rahimahullah) would say "If my du'a would
be accepted, I would make du'a for the sultan (governer/ruler)", as if the ruler is rectified then so
would the people under him and also the affairs of the society.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

they 1 do not view (that it is permissible to make) revolt against them (the Muslim rulers)
even if they see from the deviation from justice towards injustice, oppression, transgression
and its likes. 2

Imam Ahmad bin Hanbal (d. 241 AH) mentions in his Usui us-Sunnah that revolt against a

Muslim leader is not to be made. He states under point 53:

And whoever revolts against a leader from among the leaders of the Muslims, after the
people had agreed upon him and united themselves behind him, after they had affirmed
the khilafah for him, in whatever way this khilafah may have been, by their pleasure and
acceptance or by (his) force and domination (over them), then this revolter has disobeyed
the Muslims, and has contradicted the narrations of the Messenger of Allah (sallallahu
alayhi wassallam). And if the one who revolted against the ruler died he would have died
the death of ignorance .

Then point 54:

And the killing of the one in power is not lawful, and nor is it permissible for anyone
amongst the people to revolt against him. Whoever does that is an innovator , (and is) upon
other than the Sunnah and the (correct) path. 3

Ibn Abi Hatim said:

I asked my father and Abu Zur'ah (concerning various aspects of Islam, including Jihad,
and they gave their answers), until they said, 'We have witnessed the scholars in all
provinces, in 'Hijaz (Western Arabia), 'Iraq, ash-Sham (Syria) and Yemen, and their
Madhhab (way) was...' until they said, 'Jihad shall always be performed, ever since Allah
has sent His Prophet until the commencement of the Hour, with the Muslim leaders from
among the Muslim Imams, and nothing shall stop it (Allah willing).'
Further, Imam Abu Ja'far at-TahawI had stated that:

Ug.jai. -j V j

Hajj and Jihad shall always be performed with Muslim Leaders, whether they were
righteous or wicked, until the Hour commences, and nothing will invalidate or stop them

1 i.e., the people of hadeeth who are the saved sect and the aided group.

2 See translaton: Aboo 'Uthman Isma'eel ibn AbdurRahman as-Saboonee, 'Aqeedat us- Salaf wa As-hdb ul-
Hadeeth [The Creed of the Pious Predecessors and the People of Hadeeth], London: Brixton Mosque Islamic
Centre, 1420 AH/1999 CE, pp.93-4.

3 For both and Arabic and English texts see Foundations of the Sunnah by Imam Ahmad ibn Hanbal
(Birmingham: Salafi Publications, 1417 AH/1997 CE), pp.37-38

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

(meaning Jihad and Hajj)." Refer to the explanation of the creed of Tahawiyyah for further
details. 1

Also, Imam al-Barbahari said:

y^T j a!jI £jl ji-l J j3 £ JLod ^LfiJb lg£0 j cA.„Jb

Whoever approves of praying behind every Barr (righteous) or Fajir (wicked, meaning
from among Muslim leaders) and performs Jihad under every Khalifah (Caliph), and does
not deem it (correct) to rebel against the Muslim ruler with the sword, and who also ask
Allah to lead the Muslim leaders to righteousness, he will have discarded all of the
ideology of Al-Khawarij (a misguided sect), from beginning to end. 2
He also states:

Ax«Jr' j (JUj au! s-bi d\ — dJLi ajw iijj j dip jlaj j <u«ij ^^JIp *jjsr a-J JLJ

And know that a ruler's oppression does not reduce or lessen anything which Allah has
made obligatory upon the tongue of his Messenger (sallallahu 'alayhi wasallam) because
his oppression is against himself. Your acts of obedience and good deeds along with good
behaviour towards him will be complete, if Allah wills. The congregational and Friday
prayer is performed with them (i.e. Rulers) and so is Jihad, so accompany them in all acts
of obedience for you have independent intention in that. 3
In addition, Shaykhul-Islam Ibn Taymiyyah said:

bj jjjJQ ^3 U Jj t jj^Jl Oljr-lj j»JaM Ja\ AjU j d\ Lijii d\ L^J

Uj Jpm J\ p&BM <£"bWJ ^Ua^tfb 1)1 °^^Laa J ^ . Ig bM blfUJ

^ »u> ^ iij ^3 a^p aLi J^> ^ji jii ^3 ^u^-ci asp j#

1 'Aqeedah Tahawiyyah: Sharh Ibn Abi'l-'Izz (Maktabah al-Islaml), tahqeeq Imam al-Albam, p.437; also point
no. 77 of 'Aqeedah Tahawiyyah, tahqeeq Shaykh 'Ali Hasan al-Halabl al-Athari, p. 143.

2 Sharh as-Sunnah p. 123

3 Sharh as-Sunnah p. 107

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

It should be known that appointing a leader for the affairs of the people is one the greatest
religious duties without which religious or worldly matters can be established, since the
best interests for mankind cannot be fulfilled except through coming together, owing to
their need of one another. When they come together, it is essential to have a leader. The
Prophet (sallallahu 'alayhi wasallam) said: "When three people set out on a journey, let
them appoint one of them as a leader." Imam Ahmed narrated in his Musnad from
'Abdullah Ibn 'Amr that the Prophet (sallallahu 'alayhi wasallam) said: "It is not
permissible for three people to be in some remote place unless that they appoint over
themselves a leader." The fact that it is necessary to appoint a leader over a small
temporary group, whilst travelling, indicates that this is essential for all types of groups.
Allah has commanded enjoining good and forbidding evil and such cannot be achieved
except through means of strength and authority. The same applies to the rest of the things
that Allah has enjoined, such as Jihad, justice, establishment of Hajj, Friday and Eid
prayers, supporting those who have been wronged and enactment of al-Hudud (penal
codes); all of which cannot be achieved except through means of power and authority.
Hence it was narrated that "the ruler is the shadow of Allah on earth." And "sixty years

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

under a tyrannical ruler are better than a single night without one." Experience proves this
to be the case. 1

Ibn Qudamah in his al-Mughni states:

The matter of Jihad is entrusted to the ruler and his ijtihad therefore his subjects must
obey him in whatever he sees fit in regards to that. 2

These Texts prove that having a leader or Imam is a condition for Jihad to commence, so that
Muslims will fight under his banner and lead. This is a matter which has been explicitly stated
within the books of fiqh of jihad yet 'AwlakI mocks it and deems it as akin to denying jihad in
totality. As for 'AwlakI saying:

"Wherever you see the word 'terrorist' replace it with the word 'jihad', the reason
they are not saying 'Jihad' is because these are words in the Qur'an. But in reality
it's jihad ."

Then this is an aspect of al- Awlakl's wilful intellectual denial. 'Awlakl's evidence, based upon
bizarre emotional-contaminated rationale, is as follows: wherever the Kuffar use the term
'terrorism', this is a genuine case of Jihad, no matter how much it violates the prophetic
methodology. For example, the following acts, according to Awlakl's thesis therefore, are noble
acts of Jihad:

Saudi Arabia - in 2003-2004 CE there were about five attacks upon civilian compounds and
civilian places of residence;

♦♦♦ Jordan - the suicide bomb attack at the hotel in 'Amman, killing a whole load of people

that had nothing to do with any kind of war and were just at a wakemaB);
♦♦♦ Morocco - like the bombings conducted by the Takfiri-Jihadi youth of Sidi Momin in

Dar ul-Bayda'/ Casablanca in 2003 CE;
♦♦♦ Egypt - such as the Sharm e-Sheikh bombings in 2005 CE;

♦♦♦ 'Iraq - wherein it has been estimated that around a million or so Iraqis have been killed

largely by Khawdrij and Rawdfid killing each other.
♦♦♦ Mumbai Bombings -

*t* Pakistan and Afghanistan - wherein hundreds have been killed in such attacks.
♦♦♦ With regards to the effects of such operations upon Muslims who live in non-Muslim
countries and how it has affected the image of Islam, then the treatment against Muslims

1 Majmu' al-Fatawa (v.28 p. 390, 391)

2 al-Mughni, vol.10, p.368

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

after such 'operations' have become much more draconian. This increased after 7/ 7,
9/11 and the Madrid bombings, and the attempted suicide bombing at Glasgow Airport
on Saturday 30 th June 2007.
Wars against Muslims have actually been justified via reference to such terrorist attacks, why is
'AwlakI therefore still in intellectual denial as to the nature of these atrocities being 'terrorist'?!
Indeed, 'AwlakI himself stated (!!!) in a documentary on Ramadan in 2001/02:

See 2:45 here: http://www.youtube.com/watch?v=3BgG2ZLm2M8

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'AWLAKI'S errors in the fiqh of jihad and his

OPPOSITION TO THE CLASSICAL AND CONTEMPORARY
SCHOLARS OF AHL US-SUNNAH IN MANY ISSUES

Bukharl reports in his Saheeh on the authority of 'Abdullah Ibn 'Amr Ibn al-'As (radi allabu
'anhu): "I heard Allah's Messenger (sallalldhu 'alayhi wasallam) saying: "Allah does not take away the
knowledge by taking it away from (the hearts of) the people, but He takes it away by the death of the scholars till
when none of the (scholars) remains, people will take as their leaders ignorant people who when consulted will give
their verdict without knowledge. So, they will go astray and will lead the people astray. "

There is no doubt that such serious matters in the religion such as jihad and the likes have to be
referred back to credible scholars of the Sunnah. Yet what we find today unfortunately is that
these issues, which involve life being taken, are referred to people who not only lack the requisite
knowledge but also have their own agendas and axes to grind. There is also an issue with
AwlakI, who is neither a scholar nor one who is known to have extracted knowledge from the
well known scholars of Ahl us-Sunnah, presenting such major topics to the Muslim youth. Al-
'Allamah, Shaykh Dr. Salih al-Fawzan ibn Abdillah al-Fawzan (hafidhahulldh) stated, with words
which are especially relevant to al-'Awlaki:

It is obligatory for the jahil (ignoramus) to not speak, to keep quiet, fear Allah, The
Exalted and Majestic, and to not speak without knowledge. Allah says,

J^ 1 jh. J^ S 3 cM ^ <_rr , J^ 1 <Jj fjp" J%

"Say, My Lord has only forbidden immoralities - what is apparent of then and what is
concealed - and sin, 1 and oppression without right, and that you associate with Allah that
for which He has not sent down authority, and that you say about Allah that which you do
not know."

{al'A'raf(7):33}

So it is not permissible for the jahil to speak in issues of knowledge especially in regards to
major issues such as takfeer, jihad and al-wala wa'l-bara'. As for slander and backbiting in
regards to the honour of the people in authority and the honour of the scholars, then this is
the most severe type of backbiting and as a result is not permissible. As for current events

1 Any unlawful action

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

which have passed or are taking place then these are affairs for the people in authority to
research and seek counsel over and it is for the scholars to explain its Divinely Legislated
ruling. As for the general and common people and beginning students it is not their issue.
Allah says,

?^ J°J JSj J j^ 1 Jl °h 9. ' J*'^ ^J^ 1 J J*^ 'J* ^as-lir >i>J^
<^*>Ui *i\ OlkI^!> 'fi*ih teAf-jj Jjai SfjJj 4ljia-£-J jjJUl iU*!

"And when there comes to them something (I.e. information) about (public) security or
fear, they spread it around. But if they had only referred it back to the Messenger or to
those in authority among them, then the ones who can draw correct conclusions from it
would have known about it. And if not for the favour of Allah upon you and His mercy, you
would have followed Satan, except for a few."
{an-Nisd (4): 83}

So it is incumbent to refrain the tongue in speaking about the likes of such issues,
especially takfeer, allegiance and disavowal. And humans are mostly ignorant of its
application and can apply it incorrectly and thus judge a person with misguidance and
kufr, and the ruling could thus return upon the claimant. So if a person says to his brother
"O kafir, O fasiq" and the man is not like that (i.e. neither a kafir nor a fasiq) the ruling
can return upon the one who said it, and Allah's refuge is sought. This is a very dangerous
issue, so it is upon the one who fears Allah to refrain his tongue except if he is from those
who are entrusted to deal with such issues, from the people in authority or the scholars. It
is these who look into issues and find a solution to it, as for one who is from the common
people or from the minor students (of Islamic knowledge) they do not have the right to
issue rulings on people and slander the honour of people while he is an ignoramus (jahil)
who backbites and speaks about issues regarding takfeer, tasfeeq and other matters, this
only harms the one who does this. So it is for the Muslim to withhold his tongue and not
get involved in what does not concern him. Such a person should make dua' for the
Muslims for them to be victorious and make dua against the kuffar for them to be
punished, this is obligatory. As for discussing rulings of the Divine Legislation, falling into
error and speaking about the honour of people in authority and the scholars and judging
them with kufr or misguidance this is very dangerous for you O speaker. Those you speak
about will not be harmed by your speech, and Allah knows best. 1
Yet 'AwlakT has risen to the occasion to discuss such matters and is now taken as a "hero" by
some of the Muslims even though his method is questionable as we shall see and his approach

1 Shaykh, Dr Salih bin Fawzan al-Fawzan, op.cit. pp.56-58

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

dubious. One such example of AwlakT taking it upon himself to discuss such delicate topics is in
his series wherein he "explains" a classical book on jihad by one of the scholars of the past Abu
Zakariyya Ahmad bin Ibraheem bin Muhammad ad-Dimishql ad-Dumyiti (aka Ibn an-Nahhas),
who died in 814 AH/1411 CE, entitled Mashdri' ul-Ashwdq ild Masdri ul-'Ushshdq (fi'l-Jihdd wa
Fadd'ilihi). Ibn an-Nahhas authored the book at a time when the Mediterranean shores of the
Mamluk sultanate were the theatre of an ongoing fighting between Christian naval forces and
Muslims and also against the Mongols. Ibn an-Nahhas himself, along with many people from
Sham had to flee Sham to Egypt due to the conquest of Damascus and sacking of Halab
(Aleppo) at the hands of the dreaded and tyrannical Taymurlang bin Taraghay bin Abghay, 1
defeating the Mamluk armies. He first went to Manzalah (North-Eastern Egypt) in 804 AH
(1401 CE) and then later resided in Dumyat; such an environment was what motivated to write
Mashdri' ul-Ashwdq so as to exhort the Muslims to jihad in the Way of Allah due to what was
happening to the Muslims at the time. 2 There are a number of points about the work which has
been done on the book itself:

*♦* The book was abridged by Ibn an-Nahhas himself and there is a Mcrofilm version of it
at the Marka^ al-Bahth al-'Ilmi [Centre for Academic Research] at Umm ul-Qurd University,
Makkah.

*♦* It was also abridged by Shaykh Mahmud al-'Alim al-Manzall of Manzalah in Egypt, as
Fakahdt ul-Adwdq (1873 CE).

*♦* It was checked and revised by Salah AbdulFattah al-Khalidl as Tahdheeb Mashdri' ul-
Ashwdq ild Masdri' il-'Ushshdq fi Fadd'il il-Jihdd (Amman, Jordan: Dar un-Nafa'is, 1999),
407 pgs.

*♦* The major edit of the work however is the most recent edit of Mashdri' ul-Ashwdq ild
Masdri nl-'V sbshdq by Idrees Muhammad Ali and Muhammad Khalid Istanbull first
published in 1410 AH/1989 CE with the Third Edition in Beirut in 1423 AH/2002 CE

1 Tamerlane (circa 1370-1405 CE) was descended from the Mongols and conquered most of west and central Asia
in the 14 th Century CE. He is also the founder of the Mughal Empire and aspired to rebuild the Mongol Empire of
his ancestors. His conquests were characterised by immense brutality and it is reported that he massacred 70,000
people of Isfahan after the people revolted against his taxes and killed his tax collectors. In 1395 CE at the Battle
of the Terek River his 100,000 strong force defeated the Mongol Golden Horde headed by Tokhtamysh. In 1398
CE he invaded Delhi and it is said that all Hindus were either killed or taken as captives while the Muslims were
left. He invaded Baghdad in 1401 and massacred the people.

2 Abu Zakariyya Ahmad bin Ibraheem bin Muhammad ad-Dimishqi ad-Dumyati (aka Ibn an-Nahhas), Mashdri'
ul-Ashwdq ild Masdri' il-'Ushshdq (fi'l-Jihdd wa Fadd'ilihi) eds. Idrees Muhammad 'Ali and Muhammad Khalid
Istanbull (Beirut: Dar ul-Basha'ir in 1423 AH/2002 CE, Third Edition), pp. 11-12.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

by Dar ul-Basha'ir, 1228 pgs. The edit was originally a Masters Thesis submitted to the
Sharee'ah College of Umm ul-Qura University in 1405 and was published after. The edit
also has an introduction, dated 1406 AH, by Dr 'Abdul' Azeez bin Abdullah al-Humaydi
the then head of College of Da'wah and Usui ud-Deen at Umm ul-Qura University.

*♦* As highlighted in the edit by the two editors above, Idrees Muhammad Ali and
Muhammad Khalid Istanbul!, there are some stories, dreams and accounts in the book
which exhort to the virtue of jihad but are unauthentic. There are also some ahadeeth
mentioned in it which are unauthentic.
Awlaki however in his audio "explanation" is not using the edit by Idrees Muhammad 'Ali and
Muhammad Khalid Istanbul! and is possibly using the shorter abridged version or the Tahdheeb.
In contrasting some of 'Awlaki's statements we however will be referring to the complete
version, yet we will bring attention to this later in the study.

In another lecture entitled 'Allah is Preparing us for Victory' which has been transcribed Online
by "Amatullah" and edited by "Mujahid fe Sabeelillah" here:
http:/ /www. salattime.com/ anwar.html on page 18:

"There will always be in this Ummah an at-Ta'ifah, but what is happening is that
people will try to find a way out of responsibility and they will hang it on the
'Ulema saying, 'This 'Alim did not give this fatwa', 'This 'Alim did not tell us to
fight Jihad fe Sabeelillah'. So they would blame it on the 'Ulema when there are
'Ulema who are telling you otherwise; they are telling you to do the right thing and
there are 'Ulema carrying the right Manhaj. They might be in jail, they might be
killed, they might be underground 1 or they might not be famous because no
television station will broadcast their Khutbah but they are 'Ulema. Another issue is
that we are living in an interesting time were the 'Ilm of a person is in accordance
to how famous he is and that is not a right standard for 'Ilm."
The above lecture can be found Online. Shaykh Salih al-Fawzan ibn Abdullah (hafidhahulldh) was
asked:

There are those who see that the hadeeth of the Prophet (sallallahu alayhi wassallam):
"Jihad is continuous until the Last Hour is established" 2 and then say "why do the

1 This in itself is the archetypal ikhwani modus operandi, to only praise those who have been jailed,
"underground" (meaning by this secretly hiding out in order to be elusive) or have been killed by Muslim security
forces in Muslim countries.

2 Shaykh Muhammad ibn Fahd al-Husayn says in his commentary and editing of Shaykh Salih al-Fawzan's
treatise on jihad, with regards to this hadeeth: I did not find this hadeeth with this wording and what Abu Dawud
transmitted with the wording "Jihad is continuous from the time Allah sent me until the last part of this ummah

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

scholars say that the Ummah is not able to make offensive jihad during our present era and
that this time resembles the first Makkan period? And the Prophet (sallallahu alayhi
wassallam) said that "Jihad is continuous until the Last Hour is established."?

Answer from Shaykh Salih al-Fawzan:

Yes, jihad is continuous if the conditions and basics have been fulfilled then it is continuous. As
for when the conditions and basics have not been fulfilled then it is to be awaited for until power,
capability and readiness returns to the Muslims, so then they can fight their enemies. So for
example, if you have a sword or a gun, can you face airplanes, bombs and rockets?? No, because
this ace what they have prepared then will lead to severe harm, if you have that which is ready to
face what they have prepared, or the likes of it, then face them. As for you not having anything to
face them, then Allah says,

And this will harm the Muslims more than benefiting them, if indeed there is any benefit in it at all.
Al-Allamah Salih al-Fawzan (wafaqahulldh) also stated:

How many Muslims have been killed due to ignorant adventures which have angered the
kuffar, who have been stronger than them in such instances, and have led to death,
displacement and destruction, la hawla wa la quwwata ilabillah! They also claim that such
ventures are jihad when they are not jihad because the conditions of jihad have neither
been met and nor have the pillars of jihad been achieved. Therefore, such ventures are not
jihad rather they are transgressive actions which Allah does not command to do. 1

fight the Dajjal" has within the chain of transmission Yazeed ibn Abi Tushbah about whom Ibn Hajar said in at-
Taqreeb "majhul." For this reason, he stated in Fath al-Bari (vol.6, p. 67) that in its chain of transmission is
weakness. The wording that the scholars mention in the books of creed is as what at-Tahawi (rahimahullah) said
"Hqjj and jihad are both continuous with the leader of the Muslims, good or evil, until the Hour is established.
They are not annulled at all or diminished." Sharh 'Aqeedah Tahawiyyah, 387. See: Muhammad bin Fahd al-
Husayn (ed.), Shaykh, Dr. Salih bin Fawzan al-Fawzan, al-Jihad wa Dawabithuhu ash-Shar'iyyah (Riyadh:
Maktabah ar-Rushd, 1424 AH/ 2003 CE), p.48.
1 Al-Jihad: Anwd'uhu waAhkamuhu, p. 92

"...and do not throw (yourselves) with your own hands into destruction."

{Baqarab (2): 195}

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'AWLAKI CLAIMS CNN AND BBC HAVE SPREAD ISLAM ENOUGH
TO HAVE ESTABLISHED THE HUJJAH ON HUMANITY TODAY!?

In the lecture The Story oflbn al-Akwa, part 12 of the CD set produced by Dar Ibn al-Mubarak, 1
'AwlakI states after 38 minutes 2 into the lecture (as is also found in CD 12, Track 8 of the same
series but entitled as the "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masdri' il-
'Ushshdq):

"In the time of Rasoolullah (sallallahu 'alayhi wassallam) the delivering of the
da'wah wouldn't teach them everything about Islam and try to convince them with
every single method, it would be a brief letter of two or three lines (saying) 'become
Muslim, if you do this is what will happen, if you don't this is what will happen.'
That was it, that was considered to be the da'wah that was delivered to the
disbeliever and they hadn't heard anything about Islam because he didn't have
mass media in those days to teach them anything about Islam people were only
living in their own settlements in the desert separated and secluded...
So to say now that the world has not heard of Islam is not true, they have heard a
lot more than the reciepients of the letters of Rasoolullah (sallallahu' alayhi
wassallam), a lot more. Overall, the entire population of earth today must have
heard of Islam , they must have heard the name of Muhammad (sallallahu 'alayhi
wassallam) and must know something about Islam, Salah, Hajj - and that is a
sufficient form of da'wah . The thing (that is said) is that "they have heard
stereotypes about Islam", "they have heard the wrong message", "they have not
been taught the truth about Islam", well that's what they used to say during the
time of the Prophet (sallallahu'alayhi wassallam)! All that they heard was that the
Prophet (sallallahu 'alayhi wassallam) was "insane", "a magician", "a sorcerer", "a
liar" that's what they heard about Muhammad (sallallahu 'alayhi wassallam). And
the Sahabah did not argue with them, proving to them, they just told them
"become Muslim!" So CNN has done the job, BBC has done the job in spreading
the da'wah, they have all done it! They've talked about Islam and they've raised the

1 This edition was produced by Dar Ibn al-Mubarak (Beirut, August 2003) and distributed by al-Khandaq media.

2 Track no. 8 of this part. It can also be heard after 21 minutes here:
http://www.muslimvideo.com/tv/watch/62db72difd2coo7c. c ;7. c ;.3/i2.The-Book-of-Jihad-by-ibn-Nuhas —
Commentary-by-Al-Awlaki

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

issue to the forefront so that's what people talk about today over their dinner
table."

La hawk wa la quwwata ila billah! So CNN and BBC have spread Islamic da'wah?\\ First of all
'AwlakI himself in some of his other lectures has said the opposite to this and that the media
have presented the wrong image of Islam!? Yet this was before his takfirl-Khawarij phase, when
the Kharijiyyah remained dorment in the ideological Qutbi-IkhwanI paradigm only to be revived
later! 'AwlakI stated after nine minutes into the lecture entitled It's a War Against Islam:

"...this will only send a ripple effect among the community around us and will add

to the distorted image that already exists!"
Thanks Anwar! We couldn't have said it better ourselves! 'AwlakI' s own words refute his own
later words! Then AwlakI says in the same lecture:

"This association is very dangerous, to associate between the mainstream Muslim

community, Mosques, institutions and what is happening, is wrong and very

dangerous."

Secondly, this is a nonsensical assertion. As for saying that the Sahabah did not give da'wah to
people first, then this is against the clear hadeeth as the Prophet sent the Companions out with
specific duties in regards to giving the da'wah. The Companions did not just say to people
"become Muslim!", there is no evidence for such a method, rather we find it is reported on the
authority of Ibn Abbas (radi Alldhu' anhu) that Allah's Messenger (sallallahu 'alajhi wassallam) said
when he sent Mu'adh {[radi Allahu' anhu) to Yemen: 'You are going to a people who are from the People
of the Book: So the first thing to which jou call them should be the testimony that none has the right to be
worshipped except Allah. " - And in another narration: "that they testify to the Oneness of Allah." -
" bid if they obey you in that, then inform them that Allah has made compulsory upon them five prayers every
day and night. And if they obey you in that, then inform them that Allah has made incumbent upon them a
charity (Zaka'j) ?,•■■' is to be taken from the rich among them and given to their poor. And if they obey you in
that then be careful not to take the best of their wealth (as Zakah), and be careful of the supplication of those who
have suffered injustice, for there is no obst . •etirc, // « d I 'I ah. " 1 Therefore, this hadeeth indicates that
it is not sufficient to merely "believe" without: knowledge, certainty, acceptance, compliance,
sincerity, truthfulness and love.

Also the Prophet (sallallahu 'alayhi wassallam) had jawami' al-kalim (comprehensive speech of a
few words that carried extensive meanings) which was from the khasais that Allah had given him
(sallallahu 'alayhi wassallam) and the Companions understood and if it was necessary they asked for

1 Reported by Bukhari (in Kitab uz-Zakat) and Muslim (in Kitab uZ-Iman); the hadeeth is also reported by Imam
Ahmad in his Musnad, and in the chapters of Zakat in an-Nasal, ad-Darimi and Ibn Majah.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

further clarity. As for us, and the times we live in we have to use technical arguments and vast
words in order for people to understand and it is not sufficient for us to merely say "here's
CNN, now believe in Islam!" We have to clarify further in fact. Furthermore, when the Prophet
wrote letters to Mawqawqis, Kisrah, Qaysar and the likes there were details in these letters. When
he sent the Companions to different areas he sent specific people who understood as they had
fiqh and a reciter of the Qur'an, so it can be seen that the Prophet sent out people to send the
da'wah who had good understanding, it was not a mere issue of: "here's what the enemies say
about us, now you know about Islam, so become Muslim or we kill you!" Shaykh ul-Islam
Ibn Taymiyyah {rahimahulldB) said in al-Jawdb us-Saheeh:

It is well known that Islam manifested with knowledge and exposition before its
manifestation via the hand and the sword. For the Prophet (sallallahu 'alayhi wassallam)
remained in Makkah for 13 years manifesting Islam with knowledge, exposition, verses
and clear proofs and the Muhajireen and Ansar believed in it out of obedience and choice,
without the use of the sword. When the verses, clear proofs and miracles were shown to
them, then they manifested the sword. So if it is obligatory for us to primarily wage jihad
against the kuffar with the sword (i.e. militarily) it is rather more worthy of us to firstly
explain Islam and its signs to those who attack it. 1
Imam Ibn ul-Qayyim {rahimahulldB) said in explaining the hadeeth of the Prophet's (sallallahu
'alayhn wassallam) leaning during the jumu'ah khutbah:

It is not preserved that he used to lean on a sword. Many ignoramuses think that the
Prophet (sallallahu 'alayhi wassallam) used to hold his sword on the minbar as a sign that
the deen is based on the use of the sword - this is disgraceful ignorance from two aspects:
firstly: It is preserved that he (sallallahu 'alayhi wassallam) used to lean on a staff or on a
bow. Secondly: The deen is based on revelation and as for the sword then it is established
on the people of misguidance and shirk. Madeenah of the Prophet (sallallahu 'alayhi
wassallam) wherein he used to give khutab was conquered by the Qur'an and not by the
sword. 2

Ibn ul-Qayyim [rahimahulldB) said:

Conveying his Sunnah (sallallahu 'alayhi wassallam) to the Ummah is more virtuous than
conveying arrows against the enemy, because many people do the latter while the former
(conveying the Sunan) this is something which is only established by the inheritors of the

1 Ahmad bin 'AbdulHaleem bin Taymiyyah, al-Jawab us-Saheeh liman Badal ad-Deen al-Maseeh (Cairo: Matba'
al-Madam, n.d.), vol.1, p. 75.

2 Ibn ul-Qayyim, Shu'ayb al-Arna'oot (ed.), Zdd ul-Ma'ad (Beirut: Mu'asash ar-Rosalah, 1405 AH, 7 th Edn.), vol.1,
p.190.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Prophets and their successors within their nations - may Allah make us from them with
His Blessing and Virtue. 1

He also said in al-Oasecdah Noo/z/yralr. "jihad with, the clear proofs and the tongue; Comes before
Jihad with the sword and the spear." It is also well known that da'wah to the kuffdr comes before
fighting them. The Prophet (sallalldhu 'alayhi wassallam) when he instructed the leader of an army
he would advise him and those Muslims with him to have taqwa of Allah, he (sallalldhu 'alayhi
wassallam) would say to such a leader: When you meet your enemies from the Mushrikeen call them to three
virtues; mention Islam to them and if they do not accept it then the ji%ya (must be paid by them to the A hislinis)
and if they do not pay it, then fight. " Sahnun said:

I asked 'AbdurRahman bin al-Qasim: did Malik instruct to give da'wah before fighting?
He said: Yes, he (i.e. Imam Malik) used to say: "I do not view that the Mushrikeen be
fought against until they are called to Islam." I (Ibn ul-Qasim) asked him (Malik): so they
(i.e. the Muslims) are not to plan against them and remain there until they are called to
Islam? He (Imam Malik) said: "Yes." I said: So whether we confront them or they accept
coming to us and have entered our lands, we do not fight them (firstly) until we have called
them (to Islam), we are upon the saying of Malik. 3
Imam ash-Shafif (rahimahulldh) stated:

Inviting the Mushrikeen to Islam or to the jizyah (primarily) is obligatory for whoever has
not had the da'wah conveyed to him. As for the one who has the da'wah conveyed to him
then the Muslims can fight them before giving da'wah to them... as for the one who has
not had the da'wah of the Muslims conveyed to him then it is not permissible to fight them
until they are called to iman, if they are not from Ahl ul-Kitab. Or they are called to iman or
to give the jizyah if they are from Ahl ul-Kitab. 4
Shaykh ul-Islam Ibn Taymiyyah (rahimahulldh) viewed that the command to convey the da'wah
was obligatory and he also viewed the sanctity of the blood of the kuffdr who had not had the
da'wah conveyed to them, he said:

The blood of the disbeliever during the early history of Islam was sanctified and inviolable
just like the original sanctity of a person. Allah prevented the Muslims from killing such a

1 Ibn ul-Qayyim, Jala' ul-Afham fi Fadl as-Salah wa's-Salam 'aid Muhammad Khayr ul-Andm, Mashhur Hasan
(ed.), (Dammam: Dar Ibn ul-JawzT, 1420 AH/1999 CE), p.582.

2 See Hamad bin Ibraheem al-'Uthman, Jihad: Anwa'ahu wa Ahkamuhu, wa'l-Hadd al-Fasil Baynahu wa
Bayna'l-Fawda ('Amman: Dar ul-Athariyyah, 1428 AH/2007 CE), pp.260-62.

3 Al-Mudawannah al-Kubra li-Imdm Malik Ibn Anas: the narration of AbdurRahman bin Qdsim, Ahmad
AbdusSalam (ed.), (Makkah al-Mukarramah: Dar ul-Baz, 1415 AH/1994 CE, 1 st Edn.), vol.1, p.496

4 Muhammad bin Idrees ash-Shafil, Muhammad Zuhri an-Najjar (ed.), Al-Umm, (Beirut: Dar ul-Ma'rifah, n.d.),
vol.4, p. 239.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

disbeliever. The blood of those is just like the blood of the Copt who Musa killed and like
the blood of the disbeliever who has not had the conveyed to him during our times. 1

So the issue is: has the da'wah been conveyed adequately to the vast majority of non-Muslims?
Let's see what one of the Imams of the era, the Shaykh, al-'Allamah, Muhammad bin Salih al-
'Uthaymeen (rahimahulldh) states about this important topic. Upon commenting on the saying of
Allah the Elevated:

"This Quran has been revealed to me that I may therewith warn you and whomsoever it
may reach."

{al-An'dm (6): 19}

The Shaykh said:

". . .that I may therewith warn you. . ."

[Meaning] To warn you from defiance by it, His saying:

". . .and whomsoever it may reach."
This indicates that the evidences are not established upon those whom the Quran has not
been conveyed to. Likewise are those whom the Quran has been conveyed to in a distorted
manner, the evidences are not established upon them either, but their excuse is not the
same as the excuse of those whom the Quran has not been conveyed to at all, because it is
upon those whom the Quran has reached in a distorted manner to further investigate.
However they may trust the person who conveyed the Quran to them to a point where they
do not need to investigate [for themselves] .

The question is : Has the Islamic religion been conveyed to the masses of non-Muslims in
a manner that is not distorted?

The Answer : No! Never! And when the affair of those who act without wisdom emerged, it
distorted the picture of Islam even further in the eyes of the westerners and other than
them. Those who plant bombs in the midst of people claiming that this is Jihad. The truth
is that they harm Islam and further turn people away from it. 2

1 Ahmad bin 'AbdulHaleem bin Taymiyyah al-Harram, Muhammad Muhiyydeen 'AbdulHameed (ed.), as-Sarim
al-Maslul 'aid Shdtim ir-Rasul (Beirut: Dar ul-Kutub al-'Ilmiyyah, n.d.), p. 104.

2 Fatdwa al-'A'immah, p.55, originally translated by Abu AbdulWahid Nadir Ahmed, see article 'Has Islam been
properly conveyed to non-Muslims?': http : / /www.madeenah.com/article.cfm?id= 1 iq 1

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'AWLAKI'S VIEW ON LEAVING THE ARENA OF BATTLE IF
MUSLIMS ARE OVERWHELMED

Awlaki also states after 45 minutes into the lecture 1 of The Story of Ibn al-Akwa (as is also found
in CD 12, Track 9 of the series when it is entitled as the "explanation" of Ibn an-Nahhas' book
Mashdri' ul-Ashwdq ild Masdri' il-'Ushshdq) that if there are too few Muslims fighting on the
battlefield then they can barricade themselves into a fortified building and wait for
reinforcements!!? This is incorrect as rather the Muslims are allowed to flee! If at that point there
are too few Muslim soldiers then this is an instance wherein it is allowed for the Muslims to leave
the arena of Battlefield and regain reinforcements, however 'Awlaki is trying to assert that the
Muslims must persist on fighting and barricade them into a building and carry on fighting even
though they will be overwhelmed. Shaykh, Dr AbdusSalam as-Sihayml stated in his lessons
explaining his book on jihad:"

The second principle has preceded which mentioned the Divinely Legislated
evidences which made the conditions of having strength and ability (to make jihad)
but this is not sufficient itself as there also has to be added to this the issue of not
bringing about a greater harm than leaving jihad. The Fuqaha have also mentioned
this wherein they say "if the kuffar increase their numbers (on the battlefield) and it
is most likely that we will be destroyed then we have to flee based on the saying of
Allah,

"...and do not throw (yourselves) with your own hands into destruction."

{Baqarah (2): 195}

Or if we are not able to harm them, then it is recommended to flee."

"Recommended to flee (the batde)", pay attention to this principle of the Fuqaha that if the kuffar
increase in number in the batde and their numbers are more than that of the Muslims if the
Muslims are sure that they will be triumphant they continue but if they are sure that they will be
defeated and not able to harm the enemy then it is obligatory for them to flee the battle. If they

1 After 2 and half minutes on track 9 of the Dar Ibn al-Mubarak (Beirut, August 2003) CD, part 12.

2 From the Shaykh's explanation of his book al- Jihad fi'l-Islam: Mqfhumuhu, Dawabituhu wa Anwduhu wa
Ahdafuhu. The lesson was held in Jeddah, 5/6/ 1427 AH and was translated from the recording that was available
on the website salafiduroos.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

cannot harm the enemy and all what will happen is Muslims getting killed then they have to flee the
batde based on the saying of Allah,

"...and do not throw (yourselves) with your own hands into destruction."

{Baqarah (2): 195}

Or if the Muslims are not able to harm them then it is recommended to flee, because the intended
aim is not merely killing people or the souls of the Muslims or aiming to be martyred, rather the
intended aim (of jihad) is to achieve benefits for Islam and avert harms which may affect the
Muslims.

Ibn Juzayy al-Maliki stated that when the Muslims are being killed on the battlefield,
then for them to flee is primary, Abu Ma'ali stated "there is no difference of opinion
in this."

There is no difference of opinion in this with the Fuqahd (rahimahumulldh) that if the Muslims are
being killed, to withdraw takes precedence than standing to face the enemy because standing to
face them will result in a greater harm and the harms of participating in jihad here will be worse
than the harm of leaving off fighting.

Ash-ShawkanT said "If it is known for sure that the kuffar are overpowering and
getting the better of the Muslims, then the Muslims have to avoid fighting them and
get more fighters and gain the help of the people of Islam", he based this on the
saying of Allah,

"...and do not throw (yourselves) with your own hands into destruction."

{Baqarah (2): 195}

And this is taken generally even within a specific reason, and it is oft-repeated in
Usui than the general expression takes precedence and not a specific reason. It is
well-known that whoever goes forth while seeing that he is going to be killed,
defeated or overpowered has thrown himself into destruction.

Shawkani deduces from the ayah

"...and do not throw (yourselves) with your own hands into destruction."

{Baqarah (2): 195}

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

...that in regards to 'throwing oneself into destruction' then when one knows for sure that the
kuffar are overpowering the Muslims the Muslims should leave of fighting in this instance, until
they get stronger power and stronger force so that the challenge will be stronger. However, when
the Muslims are weakened and still fight, it will not be known when the reinforcements will come,
so it is not a matter of merely trying to gain victory and martyrdom, rather it depends on the
benefits that will be gained by the Muslims. Preventing the harms takes precedence over achieving
the benefits and Shawkani used as a proof for this the well-known principle of the general meaning
taking precedence over the specific reason, so even though this ayah was about a specific reason
the general meaning of it is looked at and not the specific reason. So the ayah in its general words
indicates that when Muslims will be destroyed (in any scenario) then they should stay away from
what will cause destruction.
However, 'AwlakI does later say in the series, quoting Ibn an-Nahhas (rahimahulldh), that it is
allowed to flee if the enemy are more than double of the Muslim forces it is allowed to flee. Ibn
an-Nahhas states in Mashdri' ul-Ashwdq ild Masdri' il- 'Ushshdq in the edit of Idrees Muhammad 'Ali
and Muhammad Khalid Istanbul (first published in 1410 AH/ 1989 CE with the Third Edition
in Beirut in 1423 AH/2002 CE by Dar ul-Basha'ir), p.570 that:

The madhhab of Ahmad is that if the enemy is more than double (of the Muslim
forces) and the Muslims think that it is probable that they will be destroyed by
remaining and that there is salvation for them if they flee, then it takes precedence
for them to flee, but if they remain it is allowed for them to do that so as to achieve
martyrdom. This is what was mentioned by the author of al-Mughni 1 and he did
not relay any difference of opinion over this, and he did not make a condition of
harming the enemy by remaining. Upon my life, the one who stays in his place yet
does not effect the enemy at all, and there is no other outcome except for total
destruction (Mahdh ul-Halak) - such as for the one who is blind and faces the
enemy with no weapons, or one or two stationed on the coastline without anything
to deflect the (enemy) weapons while the enemies are many in their approaching
ships and their arrows reach the coastline (where the two are stationed) - then their
remaining there will not achieve anything and the one who remains until he is
killed (by the enemy) has sinned and this falls under the general ayah of throwing
oneself into destruction (Tahlukah) . The words of al-Ghazali have preceded in a
previous chapter and is clear on this. I do not think that anyone differs on this side
of it, as for one who is brave and has a sincere intention for martyrdom and is able
to attack them with arrows, fire, stones or the likes and effect the enemy and is

1 Ibn Qudamah al-Maqdisi, al-Mughni (Beirut: Dar ul-Kitab al-'Arabi, 1392 AH/1972 CE), vol.8, pp.485-486
47

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

killed in this process then this is what has to be looked into: is it better in regards
to him to remain stationed or flee? The previous evidences in the chapter are clear
in that in this case it is recommended to remain stationed and Allah knows best.

These words from Abu Hamid al-Ghazall (rahimahulldh) will be mentioned later on. Then Ibn an-

Nahhas (rahimahulldh) relays straight after this (p. 571):

Shaykh ul-Islam Abu Hafs al-Bulqini ash-Shafi'i (rahimahullah) was asked about
two men who go out with the intention of being stationed in Ribat on some coasts.
Then (while they stationed in Ribat) the enemy kuffar forces attack them and they
are more in number than the two of them. One of the two suggests to the other that
they should flee saying "there is nothing in us remaining stationed except total
destruction without us affecting any harm on the enemy!" While the other one says
"we will rather fight on even if it is most likely that we will be destroyed!" Which
one is correct and free from sin? Answer: "The one who is correct is the one who
indicates to flee and there is no sin on either of them and Allah knows best ." Ar-
Rafi'i said: if a Muslim comes across two Mushriks and they seek him out, he can
flee, yet to remain and face them is better. If he goes after the two of them can he
flee after that? This has two sides and the most accurate view of the two is that: yes
he can flee, because the obligation of jihad and remaining stationed is for a
Jama'ah .

So here we find a number of benefits such as:

♦♦♦ The emphasis on there being a benefit in a Muslim remaining stationed to challenge the

enemy, and remember it is talking about those fighting against the Muslims in a war

which the 'Ulama are behind and support.

That one can flee if there is no benefit in remaining.
*♦♦ That Jihad is to be waged as a collective action not merely on what an individual wants to

do to the detriment of the whole.
♦♦♦ All of the above is in regards to enemy troops and not civilians!

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'AWLAKI SAYS 'IRAQ IS "NEW JIHAD FRONT FOR THE
MUSLIMS"!?

'Awlakl says in the lecture Allah is Preparing us for I 'ictory (as documented in the Online
transcription of the lecture which is abridged from the actual lecture):

"Look at al-Iraq - who would imagine that Iraq would be a land of jihad? Who
would have even imagined that a few years ago?! Who would have thought that the
land of Saddam turn in to a land of jihad?. .. it turns out to be the new jihad front for
the Muslim Ummah today and the most important one . The land of Iraq is being
prepared by Allah , Azza wa Jail. The Iraqi people - without that twelve year
sanctions and without the First Gulf War- would not have become the new
Mujahideen front today . ..They took away Saddam and Abu Mus'ab az-Zarqawi
(rahimahullah) 1 replaced him." 2
La hawla wa la quwwata ila billah! So 'Iraq has become "the new and most important jihad front
for the Muslim Ummah"!? So over a million souls have been lost and this is supposed to be "the
new jihad front for the Muslim Ummah and the most important one"? There are bombings
everyday in which hundreds of people are murdered and this is the "the new jihad front for the
Muslim Ummah and the most important one"? The enemies of Islam have encroached
further into the land and this is supposed to be "the new jihad front for the Muslim Ummah
and the most important one"? Women and children are killed nearly every day and this is
supposed to be "the new jihad front for the Muslim Ummah and the most important
one"? There is absolutely no safety to even go to the local market place and this is supposed to
be "the new jihad front for the Muslim Ummah and the most important one"? By what
stretch of the imagination did al- Awlakl manage to deduce that 'Iraq is "the new jihad front for
the Muslim Ummah and the most important one"?

As for 'Awlakl' s saying that "'Iraq is being prepared by Allah" then indeed it is being
prepared for kindling fitna\ In his al-Kabeer (vol.12, p.384, no.13422), at-Tabaranl narrated via a
good chain of narrators traced back to Nafi' (radi Allah 'anhu) who said: "The Prophet (sallalldhu
alayhi wassallam) said: "0 Allah'. Hiss our Sha/// for us, Allah bless our Yemen for us" many times. On
the third or fourth time, the Sahabah said: "O Allah's messenger! And our 'Iraq?!" He (sallalldhu

1 This tarahum (having mercy on him) is mentioned in the transcript of the lecture but not in the actual lecture by
'Awlakl himself.

2 See page 24-5 of the transcription of the lecture here:
http://downloads.islambase.co.uk/books/AllahPreparingVictory.pdf

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

alaylji wassallam) said "Tmm there i • ' ul / ' (factions etc) from there

the horn oj Si 'u \ < ml/ appear."" 1

Other hadeeth scholars such as: al-Fasawi, al-Jurjani, Abu Nu'aym and Ibn Asakir narrated
via a SaheeL ' chain of narrators traced back to Salim (radi Allah 'anhu) who said: "Allah's
messenger said: "0 Allah! Bless our Makkah for us, bless our Madinah for us, bless our Sham for us, bless
our Sa' for us and bless our Mudd for us. " One of the Sahabah said: "O Allah's messenger! And our
'Iraq?!" The Prophet (sail all him a/ay hi wassail am) did not answer him. The man repeated his
statement three times but the Prophet did not answer him and finally he (sallallahu a/ayhi
wassallam) said: "Fro ill appc, ah itan (fri ) and / w/l appear the

horn of Shay tan. "" 2

Imam Ahmad narrated in his Musnad (vol.5, p. 33) and his Fadd'i/us-Sahaliah (p .719) via a
Saheeh chain of narrators from Ibn Huwalah that the Prophet (sail < yhi n id: "O

Ibn Huwalah! What would you do when fitan spreads throughout the land like the horns of bulls?' Ibn
Huwalah answered: "What s I do, Allah's nm H ' ) < ud: "Co

to Sham!"

Ibn Asakir (vol.1, p. 159) narrated a long conversation that took place between 'Umar (radi
Alldhu 'anhu) and Ka'b al-'Ahbar tracing it back to Abu Idrees who said: Once 'Umar (radiAlldhu
'an ha) came to Sham and said: "I intend to go to 'Iraq. " Ka'b al-'Ahbar then said: "I seek Allah's refuge
for you from such a thing, Ameerul Mu'minin." 'Umar then exclaimed: "Why do you hate my going
there?" Ka'b answered: "In it (Iraq) there are nine tenths of evil, the incurable ailment, the deviants amongst
the Jinn and Harut and Mdrut and in there Iblis has laid his eggs and had his chicks. ' A 5
Shaykh Mashhur Hasan Al Salman stated in his book of 'Iraq ft Ahm • < [thai //-Fitan
(Dubai: Maktabat ul-Furqan, 1425 AH/2004 CE):

ir The hadith is narrated through many ways of narrations mentioned in Mashhur Hasan Al Salman, 'Iraq fi
Ahddeeth wa'l-Athdr il-Fitan (Dubai: Maktabat ul-Furqan, 1425 AH/2004 CE).

2 The hadeeth is narrated through many authentic ways of narration mentioned in Mashhur Hasan Al Salman,
Iraq fi Ahddeeth wa'l-Athdr il-Fitan (Dubai: Maktabat ul-Furqan, 1425 AH/2004 CE).

3 And many others; all mentioned in Mashhur Hasan Al Salman, Iraq fi Ahddeeth wa'l-Athdr il-Fitan (Dubai:
Maktabat ul-Furqan, 1425 AH/2004 CE).

^Narrated by: Ibn Asakir via many ways of narrations (vol.1, pp. 120-121, 121, 121-122, 159). All these narrations
include praise of Sham. For more clarification on this, kindly refer to al-Hinnd'iyydt. Some of the narrations
mention 'Iraq such as the one (vol.1, p. 121) that states: "I seek refuge with Allah for you from 'Iraq, O Ameerul
Mumineen; it is the land of deceit and witchcraft, it includes nine tenths of evil, the ailment and every
disobedient devil." This narration was also narrated by Ibn al-Murji in Fadd'il-Baitil-Maqdis, pp. 64-65, 442-443.
sThis narration was also narrated by Imam Malik in his al-Muwatta' via an authentic chain of narration. Another
narration was narrated by al-Balathuri in his Ansdbul-Ashrdf (vol.10, p. 387) via a weak chain of narrators. For
more details, refer to the original Arabic text.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

In his Saheeh (vol.7, p. 77), Imam al-Bukhiri narrated and so did Ahmad (vol.2, pp.85, 153) from
Ibn Abi Nu'aim to have said: "I was in the presence of Ibn 'Umar (radi Al/ahii 'anhn) when a man
from 'Iraq came and asked him regarding a Muhrim who kills a fly. Ibn 'Umar said: "O people of
'Iraq! You ask me about the Muhrim who kills a fly and you killed the son of the daughter of Allah's
Messenger (sal/a a am) about whom he (sallallahu 'alayhi wassallam) said: "They (i.e. al-

Ylasan and al-lhisain) are my two sweet basils in this world. " And his book Mukbtasar Saheeh al-Bttkbdri
(vol.1, pp. 130-311) Shaykh al-Albani (rahimahullah) commented on Ibn 'Umar's hadith which
includes "and our Na/'d' saying:

"I say that the words "and our Najd" refer to 'Iraq as some authentic narrations
state. This was interpreted as such by al-Khattabi and al-'Asqalanl, as I clarified in
my Takrij Fada'ilush-Sham (pp. 9-10, hadith no. 8).
So the word 'Najd' mentioned in al-Bukhari's narration refers plainly to 'Iraq as stated in the other

Having stated the same thing regarding Najd being 'Iraq and the surrounding area, al-Kirmanl

said in his interpretation of Saheeh al-Bukharl (vol.24, p. 168):

The word 'Fitnah' may encompass earthquakes, turmoil and afflictions that take place amongst
people; this interpretation would be more comprehensive. The word was also interpreted to mean
that people of the east were disbelievers at that time hence it is they who would excite enmity
amongst Muslims. Besides, it was the people of 'Iraq and the people of the eastern
surrounding terrain who excited the Jamal and SiffTn crises and from amongst them the
Khawarij emerged and from amongst them the Dajjal (Pseudo Messaiah) and Ya'juj and
Ma'juj (Gog and Magog) will come out. As for the word "horn", it was interpreted to refer
to that which is evil.

Ibn Battal stated the same in his interpretation of Sahib a/-B//kbarf (vol.10, p.44). 1 Interestingly,
al-'Awlaki appears to promote jihad yet these khawarij of 'Iraq are in fact just the type of
Khawarij against whom jihad should be also waged, for Shaykh ul-Islam Ibn Taymiyyah noted;
Ahl us-Sunnah, and all praise is due to Allah, are agreed on the fact that they (the
Khawarij) are misguided innovators and that it is obligatory to fight them according to the
authentic texts. The best of actions of leader of the believers 'Ali (radi Allahu 'anhu) was
his fight against the Khawarij. 2
As for the 'Iraqi people being "the new Mujahideen front" then the majority of the country is
controlled by extremist Rawdjid Is it among these whom the Muslim Ummah should take the
lead from? For more on the correct Islamic stance regarding the situation in Iraq refer to the

1 Most of the translations here regarding the scholars explanations of the hadeeth are from the forthcoming
translation by Iman bint Zakaria Abu Ghazie of Shaykh Mashhur's book on 'Iraq.

2 Ibn Taymiyyah, Minhdj us-Sunnah, vol.6, p.n6

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

book Who's in for Iraq? by Shaykh 'Abdul' Azeez bin Rayyis ar-Rayyis available from
salafimanhaj.com.

'AWLAKI TRIES TO MAKE AN ANALOGY BETWEEN THE
MARTYRDOM AND BRAVERY OF THE SAHABAH AND THE
CONTEMPORARY MANIFESTATION OF SUICIDE BOMBING

Mudrak bin Awf (nidi , Mlaljn \uil>n) reported: I was with 'Umar when he received a messenger
(from a battle). 'Umar asked him about the condition of the soldiers. The messenger kept on
mentioning to 'Umar some of the well-known people who died and then he said: "And others died
whom I don't know." 'Umar said: "But Allah knows them!" The messenger said: 'And men who sold
themselves to Allah." Mudrak said: "Among those is my uncle. People claim he killed himself by throwing
himself into the enemy's army. " 'Umar said: 'Whoever claims that is a liar! He (your uncle O Mudrak) is one
of those who sold this world for the next. " 1

Awlakl in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masdri' il-'U shshaq,
CD 6, Track 1 5 states after relaying the above story:

"So here you have a man who jumps into the army, seeking martyrdom. Might as

well just put on an explosive belt, what's the difference!? Jump in with an army of

thousands?! So. ..(either way) it's definite death."
Awlakl also says in his "explanation" of Ibn an-Nahhas' book Mashdri' itl- ■ishirdq i Id Masdri' il-
'Ushshdq, CD 2, Track 15:

"...otherwise the suicide bomber would be committing suicide - but what makes it

jihad is because the intention is done for the sake of Allah."
In the lecture series Stories from Hadeeth, part 4, after 21 minutes here;
http:/ /www. halaltube.com/ stories-from-hadith Awlakl is asked about the permissibility of
suicide bombings and also makes reference to the story of al-Bara' ibn Malik al-Ansarl (radi
Alldhu 'anhu) at the Battle of Yamama as proof of suicide bombings, or what has been called
"martyrdom operations".

THE MARTYRDOM AND BRAVERY OF THE COMPANIONS

From the many historical narrations and ahadeeth extolling the battlefield jihad of the
Companions of Allah's messenger (sallalldhu 'alayhi wassallam) are:

1 Recorded by Ibn Jareer and Ibn ul-Mundhir.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

❖ Al-Bara' ibn Malik al-Ansari (radi Alldhu 'anhu) at the Battle of Yamama - the Battle of
Yamama was arguably the most fierce battle that the Muslims had fought up until that
point. The army of the true Prophet, Muhammad (sallalldhu 'alajhi wassallam), who had
recently left this world, met the army of the false prophet Musaylama al-Kadhdhab, on
the territory of Banu Haneefah at Yamama in Najd, Central Arabia. In what was
becoming all-or-nothing battle for the survival of Islam itself, Musaylama and his men
were devastating the Muslim forces, forcing the latter's retreat from their positions and
even storming the tent of their commander, the brilliant Khalid ibn al-Waleed (radi
/{I I al> 11 'anhu). As the battle raged with ever greater intensity, Khalid ordered al-Bara':
"Charge, young man of the Ansdr!" Al-Bara' (radi Alldhu 'anhu) turned to his men saying:
"0 Ansdr, let not anyone of you think of returning to Madeenah! There is no Madeenah for you after
this day. There is only Allah, then Paradise!" He and the Ansar (radi Alldhu' anhum) then
rushed the lines of the disbelievers, breaking both their ranks and their spirits, and
forcing them to withdraw. Musaylama and his still thousands-strong forces barricaded
themselves behind a high-walled fruit garden, which later became known as The Garden
of Death. From this fortified position, the army of the false prophet began raining down
arrows on the Muslims, ripping apart their flesh with iron barbs on chains and burning
their skins with boiling oil. Al-Bara' (radi Alldhu 'anhu) said to his fellow soldiers: "I shall
sit upon a shield and you shall raise the shield with the help of your spears to the
height of the outer wall of the garden. Then you shall propel me inside. Either I
will die as a martyr or I will open the gate for you." Thus, al-Bara' (radi Alldhu 'anhu)
descended upon the enemy hoards and slew many of their number sustaining blows and
injuries before eventually managing to open the gate. The Muslims charged through the
open gate, flooding through the garden with some soldiers opening other gates and
fought bitterly in close combat until Musaylama was finally killed and victory was
attained. 1 Al-Bara' (radi Alldhu 'anhu) was carried to Madeenah where he spent a month in
the care of Khalid ibn al-Waleed (radi Alldhu 'anhu) who tended to his eighty or so
wounds. 2

♦♦♦ Abbad ibn Bishr (radi Alldhu 'anhu) was one of the eminent Companions and he was
martyred on the Day of Yamamah at the age of forty- five. As a member of the Ansar he
embraced Islam at the hands of Mus'ab ibn 'Umayr (radi, Alldhu 'anhu). One of the

1 Reported by Ibn Ishaq and in Ibn Hajar's al-Isabah. Also refer to Shawqi Abu Khaleel, Hurub ur-Riddah
(Damascus: Dar ul-Fikr), p. 92

2 BayhaqT.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

miracles which happened to him was when he was in the company of the Prophet
(sallallahu 'alajhi wassallam) on a very dark night making it difficult to know the route back
and the direction. By Allah's Permission 'Abbad's stick lit up for him making it easy for
him to find his route back home. 1 Due to Abbad's integrity the Prophet (sallallahu 'a/ay hi
wassallam) trusted him a great deal and thus put him in charge of collecting Zakat from
the Muzaynah and Banu Saleem tribes. During the Tabuk expedition the Prophet made
him his personal guard and Abbad also participated in the execution of Ka'b ibn
Ashraf. 2 'A'ishah (rail/. A//ah/i 'an ha) said: "One night as the Prophet (sallallahu 'a/aylri
wassallam) was performing Tahajjud at my house, he heard the voice of Abbad ibn Bishr.
He (sallallahu 'alajhi wassallam) then said to me: 'O A'ishah, is that the voice of Abbad?' I
replied: 'Yes.' He (sallallahu 'alayhi wassallam) said 'O Allah forgive him'." 3 At the Battle of
Yamamah, Abbad showed his exquisite and formidable skill on the battlefield leaving
certain marks on the Banu Haneefah. To the extent that if any of their number were
injured they would say "It looks as if he has been hit by Abbad ibn Bishr." 4 Their reason
for this expression was due to the losses Abbad personally had inflicted on them. At the
start of the battle 'Abbad (radi Allahu 'anhu) stood on a small mound and said: "I am
'Abbad ibn Bishr! Come people of the Ansdr! Come people of the Ansar! Rally around me/"
Responding with the words "We are here answering jour call!" the Ansar gathered around
him and 'Abbad broke the sheath of his sword to indicate that his sword will remain
unsheathed until he achieved victory or martyrdom and the Ansar followed suit and did
the same. Then Abbad bin Bishr said to them: "Let us ,

follow me!" He led his brothers from the Ansar straight towards the heart of the opposing
army changing the whole momentum of the battle and forcing Banu Haneefah to retreat
until they went back to the large enclosed garden. When the gates were opened, thanks to
the earlier courage and bravery of al-Bara' ibn Malik al-Ansarl (radi Allahu 'anhu), Abbad
raced inside and continued to engage enemy fighters until he could no longer fight. He
was inflicted with so many wounds that his body was unrecognisable and only due to a
distinguishing mark on his body he was able to be identified.

1 Bukhari

2 Bukhari

3 Bukhari

4 Abu'r-RabT Sulayman al-Khila'I al-Andalusi, al-Iktifd' bima Tadammanahu min Maghazi Rasulullah Wa
Thaldtha al-Khulafa (Beirut: Alam ul-Kutub, 1417 AH/1997 CE), vol.3, p.53.

s Ibid.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

♦♦♦ Mu'adh ibn 'Afrah asked Allah's Messenger: 'What makes Allah laugh (with approval) at His
slave?" He (sallalldhu 'alayhi wassallam) replied: "His (the slave's) immersing himself into the enemy
without armour." Mu'adh (radi Alldhu 'anhu) then took off his armour and fought until he
was killed. 1

*X* Thabit bin Qays al-Ansari, the standard bearer of the Ansar during the Battle of
Yamama, dug himself into a pit and planted himself in it. He fought until he was killed
and the pit became his own grave.

♦♦♦ Sfilim (radi . U/ah// 'anhu), the freed slave of Abu Hudhayfah (radi Alldhu 'anhu), was the
standard bearer of the Muhajirun during the Batde of Yamamah. Demonstrating valour
for his people, Salim proclaimed: "If you manage to overtake me, what a miserable bearer of the
Qur'dn I shall be. " He then plunged into the enemy ranks and fought until he too attained
martyrdom.

♦♦♦ In the Battle of Yamamah, Zayd ibn al-Khattab (radi Alldhu 'anhu), brother of 'Umar ibn
al-Khattab ! ,' ■ < called out to the Muslims: "Men, bite with your teeth, strike the

enemy, and press on. By Allah, I shall not speak to you after this until either Musaylama is defeated or
I meet Allah. " Zayd then charged the enemy and continued fighting until he was killed.
Before being killed, Zayd killed Musaylamah's number one commander ar-Rajjal ibn
'Unfuwah who was described as being more evil than Musaylamah. The one who killed
Zayd was Abu Maryam al-Hanafl who later embraced Islam and when he encountered
'Umar ibn al-Khattab after his Islam he said: "0 leader of the be/ierers, y Mlah bus indeed
honoured Zayd by my hand and Allah has not humiliated me at the hands of Zayd. " Meaning Zayd
achieved martyrdom when I killed him and if Zayd had killed me I would have died as a
disbeliever and suffered eternal humiliation. Upon learning of Zayd's death 'Umar said:
'He beat me to goodness twice! He embraced Islam before I did and he was the first of us to be
martyred. " 2 The appointed brother to Zayd from the Ansar was Ma'an ibn 'AdI al-Balwi
(radiAlldhu 'anhu) who had participated in the battles of Badr, Uhud, Khandaq and all of
the batdes which the Prophet (sallalldhu 'alayhi wassallam) took part in.

*l* At-Tufayl ibn Amr ad-Daws! al-Azdi (radi Alldhu anhu) was wise poet of noble lineage
and upright character. Before the Batde of Yamamah Tufayl had a vision and said about
it: "I saw that it was as if my head was being shaved, and that a bird came out of my mouth, and that it-
was as if 'a woman inserted me into her private part. I interp el . "he dr , follows: the shaving of my

1 Ibn AbT Shaybah, al-Musannaf, vol.5, p. 338

2 Ibn Katheer, al-Bidayah wa'n-Nihayah, vol.6, p. 240; also see Dr 'Ali Muhammad Muhammad As-Sallabee The
Biography of Abu Bakr as-Siddeeq (Riyadh, KSA: Darusalam, 2007) p.502

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

head signified it being chopped off; the bird represented my soul (coming out of my body) and the woman
represented the earth in which I would soon return to be buried. " Tufayl was then martyred on the
Day of Yamamah. 1

*t* On the third day of the Battle of al-Qadisiyyah, known as the Day of 'Imas, 'Aim ibn
Ma'dikarib as-Sulaml (d.21 AH/642 CE) said: "I am going to attack the elephant (of a group of
the Persian forces) and the people around it. Do not leave me for longer than the tune it takes to
slaughter a camel. If you come late, you will lose Abu Thawr (meaning himself), and how could yon find
another man like Abu Thawr? If you come on time you will find me with my sword still in my hand. "
So he charged and did not look back until he started striking them and disappeared into a
cloud of dust. 2

♦♦♦ During the Conquest of Damascus, Wathilah ibn al-Asqa' (radi Alldhu 'anhu) said: "I heard
the squeaking of the gate of al-Jdbiyah, which was one of the gates of Damascus, so I waited and then I
saw a huge (Byzantine) cavalry. I waited for a while, then I rushed at them, saying takbeer and they
thought they were surrounded and thus they fled back to the city abandoning their leader. I grabbed their
leader and threw him off his steed and then I grabbed the reins of the steed. The rest of his cavalry turned
around and saw that I was alone so they came after me. I killed one horseman with my spear and then
another came close to me and I killed him too. I then later got away and went to Khdlid ibn al-Waleed
telling him there is now a Byzantine leader with him seeking safety for the people of Damascus. " 3

*** During the Conquest of Caesarea, 'Ubadah ibn as-Samit (radi Alldhu 'anhu) was on the
right flank of the Muslim army during the siege of Caesarea. He exhorted his troops and
called on them to check on themselves and beware of sin. Then he led an attack in which
many of the Byzantines were killed, but he did not manage to achieve his goal. He went
back to the place from which he had set out and urged his companions to fight,
expressing his astonishment that he had not managed to achieve the aims of this attack.
He said: "0 people of Islam! I was one of the youngest of those who came to give the oath of allegiance,

1 Sallabee, op.cit., p.p.507-508

2 Tareekh ut-Tabari (Beirut: Dar ul-Fikr, 1407 AH/1987 CE),vol-4, p. 378; also see Dr 'Ali Muhammad as-Sallabi,
'Umar ibn al-Khattab: His Life and Times (Riyadh, KSA: International Islamic Publishing House, 2007), vol.2,
pp.192-193-

3 Tareekh al-Islami (Dar ul-Kitab al-Arabi, 1407 AH/1987 CE), vol.10, p.319; Siyar A'lam un-Nubala
(Mu'assasat ar-Risalah, 1410 AH/1990 CE, 7 th Edn.), vol.3, pp. 386-387; Ibn Asakir reports it with his chain of
transmission from al-Hasan bin Yahya al-Khusham ad-Dimishqi from Zabd bin Waqid from Busr bin 'Ubaydillah.
Al-Hasan bin Yahya al-Khusham ad-Dimashqi is "Suduq (a truthful narrator), but makes many errors"
see Taqreeb ut-Tahdheeb, p. 72; Zabd bin Waqid al-Qurashi ad-Dimishqi is Thiqah, see Taqreeb ut-Tahdheeb,
p. 114; Busr bin 'Ubaydillah al-Hadrami ash-Shami is Thiqah and a Hafidh, see Taqreeb ut-Tahdheeb, p. 43. See
Ibn an-Nahhas, op.cit., p. 534

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

and I have been one of the longest-lived. Allah has dreceed that I should remain alive until I fight this
enemy with you. By the One in Whose Hand is my soul, I have never launched an attack with a group of
believers against a group of Mushrikeen but they fled from us and Allah caused us to prevail. What is
wrong with you that you attacked these people but did not cause them to flee?" 1
♦♦♦ In the Battle of Mu'ta, Ja'far ibn Abl Talib (radi Alldhu 'anhu) took the standard and
fought until he became immersed in the fighting, whereupon he turned to his light-
coloured horse and wounded it (so he could not escape), then he fought until he was
killed. 2

ANALYSIS

As bomb-making materials, devices and explosives were not known during the early centuries of
Islam, all the arguments advanced to justify suicide bombings through reference to the Sunnah
of Allah's Messenger and the practice of his Companions (radi I /hum) are by way of

tremendously fragile analogy. What should be immediately apparent from the above ahadeeth of
the Prophet (scillallal/ii 'alayhi wassalldm) and athdr of his Companions (radi Alldhu 'anhum) is that
they all clearly extol the virtue of the Mujahid fighting the enemy until he is killed by them. Pay
attention here: the narrations are praising the one who fights until he is killed by his enemy — not
the one who kills himself in order to fight the enemy. Hence, Allah says

"They fight in the path of Allah, they kill and are killed"
{at-Tawbah (9): 111}

Thus, the batdefield martyr, according to the divinely-revealed texts and consensus of jurists, is
the one who fights and then dies by other than his own hand; the exception to this being the one
who kills himself accidendy. As for the lone warrior charging the enemy ranks during Jihad, he
never sets out to kill himself - unlike the suicide bomber.

Awlaki in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masdri' il- 'Ushshdq,
CD 12, Track 1 refers to the story of al-Bara' ibn Malik al-Ansari (radi Alldhu 'anhu) at the Battle
of Yamama. The bravery and valour of al-Bara' ibn Malik al-Ansarl (radi Alldhu 'anhu) at the
Batde of Yamama is a favourite of the Takfirl-JihadI suicide bombing apologists, al-Qa'ida in
Iraq even have squads entided the 'al-Bara' bin Malik Battalion' and the 'al-Bara' ibn Malik
Martyrdom Brigade'. Perhaps another reason why the story of al-Bara' at Yamama is so celebrated
by Takfiri-Jihadls is because the batde was fought against tribes who had apostated from Islam

1 Dr Hamid Muhammad al-Khaleefah, al-Ansar fi'l-'Asr ir-Rashidi, p. 209

2 Narrated by Ibn Jareer at-Tabari in his Tareekh, vol.2, p. 151

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

and TakfirTs console themselves with their murderous antics, from Casablanca to Kabul, and
from Riyadh to Rawalpindi, by declaring their victims to be apostates — either because they do
not implement the Sharee'ah (according to their own particular interpretation) or because they
refuse to support their own Jihad! ranks. Yet there are a number of issues related to attempting
to use the story of the heroism of Al-Bara' ibn Malik (radi A.lldhu 'anhu) as a proof for actions
such as suicide bombings or "martyrdom operations" as they are called.

Firstly, any narrations from the Companions that are used as proofs have to be authentic as
is well-known, Imam al-Albanl stated in Silsilat Hudd wa'n-Nur (no. 350): "We have to deal with
the narrations of the Companions as we deal with the Prophetic hadeeth by researching their
authenticity." Within the historical writings and Maghd^f literature (related to the military
expeditions and campaigns) however is material which is unauthentic. 1 For example, al-Waqidi, is
praised by some scholars for his Maghd^i and yet some scholars say that "his works on
MaghazI should be regarded as his affair in hadeeth, his hadeeth are not accepted." 2 This
is the same for Sirah, as al-Hafidh Zaynuddeen al-'Iraqi noted: "the student should know that
the Sirah combines that which is authentic and that which is not recognised." In Tdreekh
of Tabari for example there are accounts mentioned with their chains of transmission, yet we will
find that the chain of transmission of a story that has been mentioned in it has been reported by
one who is either a liar (kadhdb), unknown (majhul) or weak (da'eej), this is sufficient in rendering
such a story or report as being invalid. This error of taking stories and reports found in the Sirah
and historical works to be correct has been brought to attention by the people of knowledge
such as Imam al-Albani in his book ad-Difa' 'an al-Hadeeth in-Nabam wa's-Sirah which is a good
book which mentions many of the things that are mentioned in the Sirah which are not authentic
accounts. Shaykh Akram bin Muhammad Ziyadah al-Faluji al-Atharl from the Marka^ Imam al-
Albdnee li'lA il-'l n > i/-M 'jn/iyyah [Imam al-Albani Centre for Academic

Research and Methodological Studies] in Jordan, has also discussed the importance of historical

1 Al-'Awlaki himself, after 14 minutes into the lecture Studying Seerah is 'Ibadah appears to recognise this.
However, after 20 minutes into the lecture he recommends certain books on Sirah and cites:

> Al-Buti (!!!?)

> Salman al-'Awda (!!!?)

> Muhammad al-Ghazali (!!!?)

> Muhammad al-'Abda

> Sa'eedHawwa (!!!?)

A clear Ikhwanl-Qutbl reading list! Topped off with al-Buti! ! !?

2 Al-Waqidi died in 207 AH/823 CE. T.Khalidi mentioned in his book Arabic Historical Thought in the Classical
Period (Cambridge: Cambridge University Press, 1994), p.48 that: "Waqidi was attacked for loose isnad
usage by strict practitioners of Hadith..."

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

verification. Shaykh Akram noted in his book Tarseekh ul-Madkhal ild 'llm it-'Vanekh: Bubutb
Tdreekhiyjah [Establishing the Entry to the Knowledge of History: Historiographical Research]
when discussing the isnad:

The writing and transmission of history in the way of the Muhadditheen, which is
the isnaad, is firstly of the hallmarks of this Ummah and secondly of the hallmarks
of Islamic history, rather it is of the most important features of Islamic history. 1
Then Shaykh Akram highlights:

What has been transmitted from Imaam Ahmad (rahimahullah) is the famous
quote wherein he said: "There are three matters which do not have (much
authentic reliance on) isnad: tafseer, al-Malahim (the battles) and the MaghazI,
and they are (often) reported without any basis." Meaning: the isnad because they
are mostly reported in the form of the Maraseel. 2 Meaning therefore: their chains of
transmission do not reach back to the Prophet (sallallahu 'alayhi wassallam) and
they are most often traceable up to someone else lesser than him from the
Sahaabah and are thus Mawquf; or they are traceable up to the Tabi'een and are
thus Maqtu'ah (broken). If the narrations are attributed to the Prophet (sallallahu
'alayhi wassallam) without mention made of the Companion between the two of
them, then the chain is Munqati' (disconnected), Mursal (hurried) and Mu'dal
(where two or more consecutive narrators are omitted from chain by a reporter) -
depending on the number of narrators that have been omitted. 3
Awlakl therefore is of those speakers who mainly rely upon historical stories neglecting the fact
that such stories and narrations have to be reliable and in accordance with the correct
understanding of the deen. Shaykh Salih Ali Shaykh stated about this procedure in a lecture
entitled Dawdbitji Ma'rifat is-Sirah [Principles for Understanding the Sirah]:

Also from the errors in studying the Sirah, which the callers to innovation and those who
give no concern to knowledge yet attach themselves to da'wah err in, is that they base
issues of da'wah on the Sirah. As a result, they do not look at what is present in the texts or
what the people of knowledge have stated in regards to such issues. For example, some of

1 Akram bin Muhammad Ziyadah al-Faluji al-Athari, Tarseekh ul-Madkhal ild 'llm it-Tdreekh: Buhuth
Tdreekhiyyah [Establishing the Entry to the Knowledge of History: Historiographical Research] ('Amman,
Jordan: Daar ul-Athariyyah, 1427 AH/2006 CE), p.32. The book itself is based on one of the lectures given by
Shaykh Akram during the Seventh Conference held at the Markaz Imam al-Albdm li'l-Buhuth il-'Ilmiyyah wa'd-
Dirdsdt il-Manhajiyyah [Imam al-Albam Centre for Academic Research and Methodological Studies] in 'Amman
dated 10 Jumada al-Aakhir 1426 AH/Sunday 17 July 2005 CE.

2 As stated in Majmu' al-Fatdwd Shaykh ul-Isldm Ibn Taymiyyah, vol.13, p.346.

3 Akram bin Muhammad Ziyadah al-Faluji al-Athari, op.cit., p.33.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

them deduce from the incident of Sa'd ibn Abi Waqqas (radi Allahu 'anhu) 1 when he threw
a stone which hit a mushrik in the face in Makkah, that this is an evidence for
assassination operations and take this as an proof in their research on the permissibility of
assassination plots. There is no doubt that this is not the correct and authentic
methodology of knowledge wherein incidents of the Sirah are taken for the basis of
knowledge, as it needs to be taken from that which is authentic from the Prophet
(sallallahu 'alayhi wassallam) or authentically reported from his companions (radi Allahu
'anhum) and determined by the Prophet (sallallahu 'alayhi wassallam) during his lifetime.
Another example is what some of them mention is that the youth who gathered in the
Masjid of the Prophet (sallallahu 'alayhi wassallam) in order to hear his opinion about the
Battle of Badr is an evidence for the permissibility of staging sit-ins within Masajid and
demonstrations. There is no doubt that this is against the correct and precise Islamic
methodology and is mere searching for a way out to establish evidence between a
worshipper and his Lord. A further example of this is what is found in some of the books of
Sirah regarding the secrecy between the Companions which some use to prove secrecy in
giving da'wah and that such secrecy is the foundation of da'wah and organising da'wah. If
this is assessed with correct knowledge, the speech of the people of knowledge and the
scholars who can verify, it will emerge that this (such secrecy amongst the companions) is
not a proof for such a method of da'wah, as secrecy in a (particular) issue does not indicate
secrecy in everything. 2

Secondly, the story has been relayed by at-Tabarl, Ibn ul-Atheer, al-Bayhaqi in his Sunan and
others. Yet there is an issue with the source of the story as the chain of transmission which is
provided by Ibn 'Al idulBan < l/ah) in al-Isti'db fi Ma'rifat il-Ashdb (Beirut: Dar ul-Jeel Print,
1412 AH/1992 CE), vol.1, p.154. The chain is as follows: Ahmad bin Muhammad bin 'Abdillah
bin Muhammad bin 'Ali narrated to us saying: my father narrated to us saying: 'Abdullah bin

1 He is Sa'd ibn Malik az-Zuhahyrl, better known as Sa'd ibn Abi Waqqas (radi Allahu 'anhu) was one of the first
people to accept Islam, accepting Islam when he was 17 years old and he was one of the ten whom the Prophet
(sallallahu alayhi wassallam) promised Paradise. His grandfather was Uhayb ibn Manaf, the paternal uncle of
Ameenah, the mother of the Prophet (sallallahu alayhi wassallam) He was a skilled horseman and archer,
participating in many of the battles and military expeditions and is noted for his contribution during the battles of
Badr and Uhud. He was one of the six members of the Shura counsel which 'Umar ibn al-Khattib (radi Allahu
'anhu) chose to appoint the Khaleefah after 'Umar was stabbed. Sa'd ibn Aba Waqqas (radi Allahu 'anhu) was the
first to shoot an arrow at the mushrikeen in jihad and he led the Muslims in taking over 'Iraq from the Persians
after defeating them in the battle of al-Qddisiyyah in the 15 th year after the Hijrah (corresponding to 634 CE). He
died in 55 AH (circa 675 CE). See ath-Thahabl, Tahtheeb Siyar 'A'lam an-Nubala, vol.1, no.5.

2 Shaykh Salih Ali Shaykh, Dawabit fi Ma'rifat is-Sirah (lecture given in 2002 at the Maktabat Da'wah wa'l-
Irshad in al-Kharj), translated here by AbdulHaq al-Ashantl:
http://salafimanhai.com/pdf/SalafiManhai UnderstandingSeerah.pdf

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Yunus narrated to us saying: Baqi bin Mukhallid narrated to us saying: Khaleefah bin Khayyat
narrated to us saying: Bakr bin Sulayman narrated to us from Abu Ishaq who said: the Muslims
went to war against the Mushrikeen on the Day of Yamamah until they game to the garden
where the enemy of Allah Musaylamah was and al-Bara' said: "0 withering of A hisli/i/s! Throw me
over... "to the end of the narration. The chain of transmission mentioned by both Ibn AbdulBarr
and at-Tabari is weak and contains a number of defects. Bakr bin Sulayman, who is Abu Yahya
al-Basrl al-Aswarl is majhiil (unknown) and Abu Hatim said about him: "majhul". There is also
inqita (discontinuity) in the transmission as Abu Ishaq did not meet al-Bara'. Also there is a
A In 'allaq form of this narration, and this is a type of weak hadeeth, wherein Khaleefah did not
mention the narrators before him and sufficed with saying: "An Ansarl narrated to us from his
father Thumamah from Anas..." and then the narration mentions when al-Bara' is thrown over
the garden wall and fights to open the gate for the Muslim soliders. In the Musannaf of Khaleefah
the chain of transmission contains Abdullah bin Muthanna bin Abdullah bin Anas who narrated
from his uncle Thumamah bin Abdullah bin Anas. An-Nasal said about 'Abdullah bin
Muthanna bin Abdullah bin Anas: "he is not strong", Yahya bin Ma'een said: "he is nothing",
al-'Uqayll said: "many of his hadeeth are not to be followed", ad-Daraqutnl said: "weak" yet
deemed him trustworthy in another instance and Abu Hatim said: "Salih (acceptable)". Such a
narrator's reports by itself are not to be accepted hence Ibn Hajar stated about him in at-Taqreeb:
"Suduq, yet makes many errors" and this is an indication of weakness thus the chain of
transmission is weak. 1

Thirdly, even if the narration is authentic, and as we have seen there is some discussion
about its authenticity, al-Bara' ibn Malik (radi Alldhu 'anhu) took a calculated risk when he
plunged perilously behind enemy lines. His explicidy stated aim was to breach the enemy
defences in what was a clear act of iqtihdm and inghimds, and the risk paid off. Al-Bara' neither
intended his own death nor did his actions necessitate it - unlike the case of a suicide bomber.
Hence, Shaykh Dr Muhammad Bazmul (Professor at College of Da'wah and Usuluddeen, Book
and Sunnah Department, Umm ul-Qurd' University, Makkah), stated in his book al-Muhkam wa'l-
Mutashdbih fi't-Takfeer wa'l-Jihdd:

As for the issue of there being some from the Salaf us-Salih who were catapulted
into enemy fortresses and then opened the fortress gates for the Muslims - then

1 Refer to Shaykh Mahir bin Thafir al-Qahtam, an-Nadharah li Muntahari Filisteen wa Atfal il-Hijarah (Cairo:
Dar Kitab wa Sunnah, 2007 CE), pp.16-17.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

this istidlal is incorrect as there is a difference between the state of a battlefield and
the state of one who performs a suicide bombing! 1

Moreover, al-Bara' ibn Malik (radiAllahu 'anhu) actually survived the Battle of Yamama and lived
to then late die a martyr's death years later in Tastar, Persia. In the same way, Wathilah ibn al-
Asqa (radi Allahu 'anhu) also survived when he rushed the Byzantine cavalry and did not die and
in fact the cavalry fled from him alone! This is further evidenced by what was stated by 'Ubadah
ibn as-Samit (radiAllahu 'anhu) during the Battle of Caesarea that in his experience of fighting no
group of believers charged into the enemy except that the enemy fled from him and those with
him. The act of Abbad ibn Bishr (radi Allahu 'anhu) was another clear example of iqtiham and
inghimds. Hence, 'Awlakl's statement in his "explanation" of Ibn an-Nahhas' book Mashdri' ///-
Ashwdq ild Masdri' il- 'Ushshdq, CD 6, Track 1 5 that:

"So here you have a man who jumps into the army, seeking martyrdom. Might as
well just put on an explosive belt, what's the difference!? Jump in with an army of
thousands?! So. ..(either way) it's definite death."
Well, the differences are many O Awlakl! The differences are that:

♦♦♦ Jumping into an army in an act of iqtiham and inghimds is Divinely Legislated, while
putting on and detonating an explosive belt wherein the user intends to end their lives
with no possibility of survival, is not.
♦♦♦ Jumping into an army or enemy ranks is not definite death as we have seen with the
examples of al-Bara' ibn Malik, Wathilah ibn al-Asqa and 'Ubadah ibn as-Samit (radi
Allahu 'anhum). Putting on an explosive belt however definitely is!
*X* 'Umar (radi Allahu 'anhu) considered whosoever accused the one who jumped into the
enemy of having killed himself to be liars. While the one claiming martyrdom for
whosoever detonates his explosive belt is the liar!
*♦♦ The difference is that the one who jumped into the army of thousands, like Mudrak's
uncle and those who were martyred alongside him, aided Islam against their enemies.
While the suicide bomber ultimately aids the enemies of Islam, examples of which have
been mentioned previously.
Furthermore, the Companions (radi Allahu 'anhum) launched themselves against dense groupings
of the enemy in blatant and overt acts of jihad. They did not covertly mingle amongst a crowd of
non-Muslims, as if part of them, in order to attack them treacherously. They did not, as many

1 Shaykh Muhammad bin 'Umar bin Salim Bazmul (Professor at College of Da'wah and Usooluddeen, Book and
Sunnah Department, Umm ul-Qura University, Makkah), al-Muhkam wa'l-Mutashabih fi't-Takfeer wa'l-Jihad
(Cairo: Dar ul-Istiqamah, 1429 AH/2008 CE). pp.401-411.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

suicide bombers do, wear a woman's Jilbab and Niqab, or wear the clothing of a Jewish Rabbi,
and nor did they trade their beard and armour for clean-shaven faces and pair of tight-fitting and
non-Islamic attire of the disbelievers; the Companions did not pretend to be irreligious and un-
Islamic, impious Muslims or indifferent non-Muslims. They wore their Islam on their sleeves, so-
to-speak, in a manifest act of jihad, open war and declared open hostility between the followers
of Islam and the followers of disbelief. However, the overwhelming majority of suicide attacks
are carried out against soft targets: women shopping in market place bazars, commuters waiting
at bus cues, employees in their offices, and so on. This is certainly the case in Iraq (and to a
lesser extent, Afghanistan) where the heretical Takfm ideology of the bomber makes the blood
of innocent Muslim men, women and children worthy of spilling. Thus, the honoured, noble and
illustrious al-Bara' ibn Malik al-Ansari, Abbad ibn Bishr, Thabit bin Qays al-Ansari, Mu'adh ibn
'Afrah, Abu 'Aqeel al-BalwI al-Ansari al-'AwsI, Ma'an ibn 'AdI al-BalwI, Ja'far ibn Abi Talib,
Talhah ibn 'Ubaydullah, Sa'd ibn Abi Waqqas or any other Companion (radi Allaliu \nihu) w ho
fought in any of the battles of our beloved Prophet (sallalldhu 'alayhi wassallam) are in no way the
blueprint of a suicide bomber.

"Fight in the way of Allah against those who fight you and do not transgress the limits
(set by Allah). Indeed, Allah does not love those who transgress."

{Baqarah (2): 190}

Also from the Battle of Uhud, with the brave and heroic actions of Talha ibn 'Ubaydullah, Sa'd
ibn Abi Waqqas, Abu 'Ubaydah ibn al-Jarrah and Abu Dujana we learn of brave warriors who
put themselves into harms way as if they were human shields, 1 risking their lives in order to save
the lives of others. The suicide bomber on the other hand puts himself into harms way in order
to take the lives of others. There is no comparison to be drawn between saving lives and taking
lives. As for trying to make a Qiyas from the issue of Inghimds fi'l-Adu [Immersing Oneself
Among the Enemy] and suicide bombing then there is a big difference as Shaykh Abdullah al-
Jarbu' mentioned in his book al-'Amaliyat al-Intihdriyyah at-Tajjeeriyjah: A Jihad Hiya Am Fasdd?
Dirdsah Turakki^ 'ala'n-Nadhr fi'l-Istidldl [Suicide Bombing Operations, Are They Jihad or
Corruption? A Study Focusing on Deductions and Inferences], with an introduction by Shaykh
Salih al-Fawzan:

1 . The Munghamis if he is killed, then he is killed by the enemy.
1 Saheeh ul-Bukharl.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

2. The 'Ulama make the condition that it is only permitted to perform inghimas by
charging into the enemy ranks and line of fire, with the permission of the commander
or the leader.

3. This all differs from the one who blows himself up who directly sets out to kill
himself neither going into enemy ranks for the line of fire. 1

In relation to the verse where Allah says
"And of the people is he who sells himself, seeking means to the approval of Allah. And
Allah is kind to [His] servants."
{Baqarah (2): 207}

Hence, Imam al-Albanl (rahimahullah) ruled that a Muslim commander, only within an Islamic
State, if he views it as appropriate can send troops to perform such operations. Yet this is only
where there is an Islamic State and rulership implemented and not what how they are performed
today by Takfirl mavericks and Khawarij bandits. Imam al-Albanl was asked, as documented and
transmitted by his prolific student Shaykh 'Ali Hasan al-Halabl al-Atharl (htifulhtil.uilltll/):

"Is it allowed to drive a booby-trapped car packed with explosives and drive it into
the enemies? What is currently called 'suicide bombings', with evidence."
Answer from Imam al-Albanl (rahimahullah):

We have said regularly and frequently about that these questions that: during these
times they are not allowed 2 because they are either individual and personal actions
wherein the individual is unable to be outweigh the benefits over the harms, or the
harms over the benefits; or, if it is not an individual action it is from an
organisation, Jama'ah or (group) leader - and this leader is not Divinely Leigslated
(Shari'), and at this point such an action is considered suicide! As for the evidence:
then this is well-known from the ahadeeth in the Two Saheehs, 3 that whoever

1 Shaykh 'Abdullah bin AbdurRahman al-Mansur al-Jarbu' in his book al-'Amaliyat al-Intihariyyah at-
Tafjeeriyyah: A Jihad Hiya Am Fasdd? Dirdsah Turakkiz 'ala'n-Nadhr fi'l-Istidlal [Suicide Bombing
Operations, Are They Jihad or Corruption? A Study Focusing on Deductions and Inferences], introduction by
Shaykh Salih al-Fawzan, p. 96. The book can be downloaded here at the website of our Shaykh, Abdul'Azeez bin
Rayyis ar-Rayyis: http://islamancient.com/books,item, 286.html

2 Shaykh 'Ali Hasan al-HalabT al-Athari (hafidhahullah) says about this:

"This is a clear and frank text on this issue which shows the error of some of our noble
brothers who understand from some words of our Shaykh that such actions are allowed
with 'a number of restricted and detailed conditions'!"

3 In Bukhari (hadeeth no. 5442) and Muslim (hadeeth no.109) from Abu Hurayrah (radi Alldhu 'anhu) from the
Prophet (sallallahu 'alayhi wassallam) who said: "Whoever throws himself off a mountain killing himself, will
be in Hellfire throwing themselves off for ever and eternity. Whoever drinks poison to kill himself will drink

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

commits suicide with any instrument will be punished with it (in the Hereafter).
The likes of these suicide operations, as they say today, are only when there is
Islamic rule headed by a Muslim ruler who rules by what Allah has revealed and
applies Allah's Sharee'ah in all aspects of life, such as the military and soldiers
which are also to be in line with the restrictions of the Shar' (Divine Legislation).
The higher leader, and then those who represent him such as the Army General - if
they view that there is a Maslahah for the Muslims by performing these suicide
operations in order to achieve a Divinely Legislated benefit, then they are
permitted. The Muslim ruler is the one who estimates this via seeking advice from
those whom he seeks counsel in his gatherings with them, only in these instances
are they allowed and anything other than this is not allowed. 1
Furthermore, Ibn an-Nahhas himself as a chapter on the issue in Mashdri' ul-Ashwdq ild Masdri' il-
'Ushshdq, p. 522-560 of the edit by Idrees Muhammad 'Ali and Muhammad Khalid Istanbul! Ibn
an-Nahhas states:

You should know that the 'Ulama (radi Allahu 'anhum) have differed over the issue
of a man making iqtiham during warfare and he alone going against a large enemy
grouping and immersing himself among them. Statements and actions have been
relayed prior regarding the recommendation and virtue of that, and that is sufficient. Imam
Abu Harnid al-Ghaz-ili' (rahiiiiahiilldlj) stated in al-Ihyd' in the 'Chapter of Commanding the
Good and Forbidding the Evil':

There is no difference of opinion over a lone Muslim charging to attack the ranks of the
kuffar and fighting, even if he knows that he will be killed. Just as it is allowed for him to
fight the kuffar (enemy troops) until he is killed (by them) - this is also allowed in
commanding the good and forbidding the evil. However, if he knows that there will be
no effect in harming the enemy in his attack against the kuffar, such as a blind or
disabled person charging against the ranks, then that is haram and is included in the
general meaing of the ayah of throwing oneself into destruction. It is only allowed for
him if he knows that he will not be killed until he is killed (by the enemy); or he knows that
he will be able to crack the hearts of the kuffar by them witnessing his nerve and them

poison in his hand eternally in the Hellfirefor ever. Whoever kills himself with iron (a weapon) then this iron
will be in his hand and he will be killing himself with it in Hellfirefor ever and eternity."

1 From Shaykh 'Ali Hasan al-Halabi al-Athari, Su'alat 'Ali bin Hasan bin 'AbdulHameed al-Halabi al-Athari li'sh-
Shaykhihi Imam al-Allamah al-Muhaddith al-Faqeeh Shaykh Muhammad Ndsiruddeen al-Albani
(rahimahullah). Makkah al-Mukarramah, KSA: Dar Abdullah Bu Bakr Barakat, 1430 AH/2009 CE, First Edn.
Vol.1, pp.389-390.

Also refer to this: http://croydonict.com/index2.php?option=com content&do pdf=i&id=37

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

believing that the Muslims do not care (to die in battle) and have a love for martyrdom in
the path of Allah which breaks their will. 1
Yet 'AwlakI did not mention this basis at all about if destruction is brought upon ones own self
then such actions are not to be done. Indeed, and in the modern manifestation of suicide bomb
attacks harm is not only on the individual who does the attack but also on the whole of the
Muslims as a result of the action! Ibn an-Nahhas also mentions in Mashdri' ul-Ashwdq ild Masdri'
il-'Ushshdq, p. 558 (of Idrees and Istanbul! edit) that Abu 'Abdullah al-Qurtubi said in his Tafseer:
The 'Ulama have differed over a man making iqtiham during warfare against the enemy
ranks by himself. Al-Qasim bin Mukhaymarah, al-Qasim bin Muhammad and AbdulMalik
from our 'Ulama say: there is no problem in a man by himself going against a large army if
he has strength and a pure intention for Allah. If he does not have strength then that is
from throwing oneself into destruction.
Then Ibn an-Nahhas relays (p. 559) that Ibn Khuwayzmindad (rahimahulldhf said:

As for a man going against a hundred or against a grouping of soldiers or a group of
thieves, bandits (Muharibeen) or Khawarij then that is in two cases: if he knows and
thinks that it is likely that he will kill those he is facing and will be saved (from death) then
that is good; likewise if he knows and thinks that it is likely he will be killed yet be able to
harm or affect them so as to benefit the Muslims — then that is allowed also.
Another scholarly and academic case scenario mentioned by Ibn an-Nahhas which seems to
have slipped Awlaki's "explanation" of his book!? Herein Ibn Khuwayzmindad (nihiii/ahiilldh)
also notes that this iqfi'jd/// and iivjljiiiids can even be against bandits, highway robbers and, wait
for it, Khawarij! Then Ibn an-Nahhas relays (p. 560) that Muhammad bin al-Hasan said:

If a lone man goes against a thousand men from the Mushrikeen and he is by himself there
is no problem in that if he is assured of escape or harming the enemy. If this is not the
case then that is disliked (Makruh) because he has placed himself into destruction
without any benefit for the Muslims. 4
Finally, AwlakI always drones on about "it's the intention" and that "the difference is the
intention" however we see here again Awlaki's lack of fiqh and Usui, as

1 Ithaf us-Sadat il-Muttaqeen fiSharhAsrar Ihya' 'Ulum id-Deen, vol.7, p. 26

2 Abu 'Abdullah Muhammad bin Ahmad bin Abdullah bin Khuwayzmindad, the Imam and scholar, his Shaykh
was al-Abhari who died in 395 AH.

s Tafseer Qurtubi, vol.2, p.363-364
4 Al-Jami' li-Ahkam wa'l-Hikam, vol.2, p. 364

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

"The good intention does not rectify corrupt action"
Thus, a good intention does not change the sinful act into a virtuous action! Evidence for this is
in the story found in the Musnad of ad-Darimi, vol.1, pp. 68-69, no.204:

Imam ad-Darimi reported that: Hakam bin al-Mubarak informed us: 'Amru bin Yahya
informed us saying: I heard my father talking about his father 'Amr bin Salamah who said:
We used to sit in front of 'Abdullah Ibn Mas'ood's house before Fajr prayer so that when
he'd come out we'd go to the Masjid with him. One day, Abu Musa al-'Ash'ari came and
asked us: 'Has Abu 'AbdurRahman (Ibn Mas'ood) left yet?' We replied: no. So Abu Musa
al-'Ash'ari stayed with us until Ibn Mas'ood came out and then we all stood up. Abu Musa
al-'Ash'ari said: 'O Abu 'AbdurRahman I saw something in the Masjid which I thought
was evil, but I did not see anything except good.' Ibn Mas'ood asked: 'What was it?' Abu
Musa al-'Ash'ari said: 'You will see it if you live. In the Masjid I saw a group of people
sitting in circles waiting for the prayer, each circle is led by a person and everyone in the
circle has small pebbles. The leader of the circle would say 'Allahu Akbar' a hundred times
and the people would repeat this after him a hundred times. Then he'll say 'La ilaha il
Allah' a hundred times and the people would repeat it hundred times after him. Then he'll
say 'SubhanAUah' a hundred times and the people would repeat it hundred times after
him.' Ibn Mas'ood said to Abu Musa: 'What did you say to them?' Abu Musa al-'Ash'ari
said: 'I didn't say anything to them I wanted to wait for your view and instruction.' Ibn
Mas'ood said: 'Could you not have told them to count their evil actions and assured them
of getting their reward?' Then Ibn Mas'ood went ahead and we accompanied him as he
approached one of these circles saying: 'What is this I see you doing?' They replied; 'O
Abu 'AbdurRahman, these are pebbles that we use to count when we say Allahu Akbar, La
ilaha il Allah and SubhanAUah.' Ibn Mas'ood said: 'Count your evil actions and I assure
you that you will not lose any of your reward. Woe to you O Ummah of Muhammad, how
quickly you go to destruction! These are the companions of the Messenger (sallallahu
'alayhi wassallam) who are present, these are his clothes not worn out yet and his pots that
have not broken yet. I swear by Him in Whose hand is my soul, that you are either
following a religion which is better than the Prophet's religion or you are opening a door to
misguidance. They said: 'O Abu 'AbdurRahman, we only intended to do good.' Ibn
Mas'ood replied: 'How many people intend good but never do it, the Messenger of Allah
(sallallahu 'alayhi wassallam) told us: 'There will come a people who recite the Qur'an yet
it will not affect them other than passing through their throats.' By Allah I do not know but
I fear that you may be from them.' Then Ibn Mas'ood left them.' 'Amr bin Salamah (the

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

narrator) then said: ' We saw most of those people from those circles fighting against us in
the Battle of an-Nahrawan .' 1

So a good intention, let's say to gain martyrdom, cannot justify the corrupt actions of bida', lying,
cheating, criminality, purposefully targeting those far from any warfare and a whole host of other
aspects which are involved in these so-called "martyrdom operations", which 'AwlakI denies!
Thus, our beloved Prophet (sallalldhu 'alayhi wassallam) said, as narrated from Abu Musa al-
Ash'arT (radiAlldhu 'anhu) in a hadeeth which is agreed upon:

"Whoever fights so that the Word of Allah mil be I l/fjest, he is the one in the Path of Allah"
Not the one who fights to be seen, to show off or so that it is said "so and so is a Mujahid". Or
the one who fights for the sake of just fighting or merely because he wants to show that he is a
rebel and hero, or the one who fights over party-spirit and politics.

1 Al-HaythamI authenticated two other routes of the hadeeth (one from Sufyan ibn 'Uyaynah and the other from
Sufyan bin Salamah bin Kaheel) in Majma' az-Zawa'id, vol.1, p.181, no. 855; Imam adh-Dhahabi said in Mizan ul-
I'tidal, vol.2, p.345 that Imam Ahmad, Ibn Hibban (in ath-Thiqat, vol.8, p. 480) and Ibn Mandah held al-Hakam
bin al-Mubarak al-Khashi al-Balkhi to be trustworthy; also by Imam al-Albam in Silsilah as-Saheehah, vol.11, p.5,
no. 2005 and in ar-Rad 'ala'l-Habashi, pp. 45-47; Husayn Asad in his edit of Musnad ud-Darimi, vol.1, p. 287,
no. 210. As for Amr bin Yahya then Yahya ibn Ma'een stated about Amru bin Yahya that "he is nothing" and Ibn
Adiyy also accused al-Hakam of fabricating hadeeth and asdneed. Refer to al-Kamil fi Du'afa' ir-Rijdl, vol.5,
p. 122 and Lisdn ul-Mizan, vol.4, p.378. Ibn Adiyy also brings two separate transmissions of Ibn Hibban deeming
'Amru bin Yahya to be weak and Ibn Hajar al-Asqalanl also bring a transmission from Ibn Khurash deeming
'Amru bin Yahya to be a weak narrator. See: Ibn ul-Jawzi, ad-Du'afd' wa'l-Matrukeen, vol.2, p. 233.

However, there is another transmission of the hadeeth in Tdreekh Baghdad from: Muhammad bin Ibraheem
bin Salamah al-Kaheeli (about whom Ibn ul-Jawzi said had authentic reports) from: Muhammad bin 'Abdullah
bin Sulayman al-Hadrami (who ad-Daraqutm said was trustworthy to the utmost) from Abdullah bin 'Umar bin
Aban (who is also thiqah) from 'Amru bin Yahya bin 'Amr bin Salamah al-Hamdani who said: 'I heard my father
narrated from his father 'Amr bin Salamah...' and then he relayed the hadeeth. It is also relayed by Bahshal in
Tdreekh Wasit (ed. Bashhar Awad), p. 198. Ibn Abi Hatim in Jarh wa't-Ta'deel, vol.3, p.i, no. 269 and vol. 9,
p. 176 and mentions a group of scholars who deemed 'Amru bin Yahya to be thiqah including Sufyan ibn 'Uyaynah
and an authentic transmission from Yahya bin Ma'een wherein he said he is "Salih" and "thiqah" in other
manuscript copies, hence Imam al-Albani's authentication of the report. Imam al-Bukhari in Tdreekh ul-Kabeer,
vol.6, p. 382 also mentions 'Amru bin Yahya. The jarh herein therefore is not mufassir and thus the attestation of
the narrator is to be given precedence. When Yahya bin Ma'een says "he is nothing" this is not necessarily an
indication of a severe disparagement as has been highlighted by Imam al-Albam and Shaykh Saleem al-Hilali. A
further study of the narration can be accessed here:

http://www.qssc.org/articles/hadith%20extraction%20001%20-%20amr%20bin%20salamah%20-
%2Qsalim%20al-hilali.pdf

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'AWLAKI EXHORTS TO ARMED JIHAD YET DOES NOT DO IT
HIMSELF!?

Allah says about a particular blameworthy trait found in some:

"And if they should be among you, they would not fight except for a little."

{al-Ah^db (33): 20}
Ibn Katheer (rahimahulladh) sad about this noble ayah:

Meaning: 'if they are among you, they will not fight alongside you very much,'
because they are so cowardly and weak, and have so little faith, but Allah knows
best about them.

AwlakI states in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masari' il-

'Ushshdq, CD 5, Track 3:

"The Muslim accepts the path of struggle as their path, intellectually they agree
with it, they agree with the idea of it, but because they are far away from the events
it remains an intellectual activity to them. What happens is the brothers stay just
talking about the issue of jihad for too long, they end up talking about it only for
too long . It carries on and on and on and what happens is a person accepts that
state as being appropriate and he just carries on. So the whole issue becomes an
intellectual discourse and doesn't go beyond that."

Indeed O Anwar! Then he states:

"Brothers have been talking about the issue of hijra and the issue of going to fight
for years and years and nothing is changing, it's just intentions and talk ."

Al- AwlakI also states in part 3 of his explanation of Thaivdbit 'ala 'd-1 ),irh il-Jihdd [Constants on the

Path of Jihad], after 43 minutes:

"We don't want brothers just talking about jihad fi Sabeelillah because jihad fi
Sabeelillah is not talk!"

Al- AwlakI also states in part 4 of his explanation of Thawdbit 'ala'd-Darb il-Jihdd [Constants on the

Path of Jihad], after 33 minutes:

"...they need to prove that, and the way to prove that is through action and not
through words, and the action is: you become a Mujahid!"

Then AwlakI says:

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

"If you want to show that you love Allah and love Rasoolullah then go out and
become a Mujahid and you don't have to talk about it any more! You have proved it
though your action! See this is not a religion of talk it's a religion of action."

La ilaha il Allah! AwlakI says all this from the comfort of university lecture theatres! Or, while he
himself sits in Yemen! We ask again: upon which battlefield has AwlakI fought and where has he
fought?! Where was he ever been stationed in Ribat? What lands has he himself defended or
protected and what Muslims has he gone to aid with his life? This is the clearest proofs of his
Qa'diyyah! There is also an element of isti'jdl in his speech here which is not a hallmark of the
believers who are praised by Allah,

"Then, indeed your Lord, to those who emigrated after they had been compelled [to
renounce their religion] and thereafter fought [for the cause of Allah] and were patient -
indeed, your Lord, after that, is Forgiving and Merciful"
{an-Nahl (16): 110}

Indeed, AwlakI himself, during his US IkhwanI phase, stated in the lecture Revivers of the Message:
"...dont be in a hurry, don't try to react before its time. You have to follow the plan,
even if its gonna take a long time. You know sometimes we think that we can have
the Islamic Khilafah by Eight O' Clock tomorrow morning. It doesn't happen that
easy. There is a lot of sacrifice that is involved."
So Awlakl's own words have refuted himself again! Also, Ibn an-Nahhas (rahimahul/db), has
excellent advice for those cowards who do not fight themselves. Ibn an-Nahhas in Mashdri' ul-
Ashwdq ild Masdri' il-'Ushshdq (!!) in the edit of Idrees Muhammad Ali and Muhammad Khalid
Istanbul! (first published in 1410 AH/1989 CE with the Third Edition in Beirut in 1423
AH/2002 CE by Dar ul-Basha'ir), pp. 953-960 has a good section on the cowardice of those who
do not fight, yet AwlakI did not discuss the section in his own "explanation" of the book!!? And
we also have to add here that: being thrown into prison over one's own irresponsible and
Khawarij statements, or one's links to the Khawarij of the era, or being imprisoned for plotting
to intentionally kill or blow up innocent women and children in stores, planes or other civilian
quarters, does not qualify as "armed jihad in the Path of Allah"!

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'AWLAKI INSINUATES CIVILIANS CAN BE PURPOSEFULLY
TARGETTED INARMED COMBAT

'AwlakI states in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masdri' il-

'Ushshdq, CD 7, Track 8:

So with these rules of civilians, trees, all of these issues, they're applied as long as they're
not gonna end up harming the Muslims — as soon as they start harming the Muslims all of
these rules are abrogated or overruled. (Someone in the audience interjects)... Yeah, ya'ni,
the Hisar at Ta'if, Rasulullah (salasalam) {sic} used Manjaneeq, catapults. You can't control
where the catapult will land! (Someone in the audience interjects) This is a strong
argument, it is a strong argument, that they are actually complacent in the crime ."

He means "complicit in the crime". However, Ibn an-Nahhas mentions in Mashdri' ul-Ashwdq ild

Masdri' il-'Ushshdq (!!) on page 1023 of the Idrees and Istanbull edit that:

It is prohibited to kill women and children if they do not fight according to ash-
Shafi'i, Malik, Ahmad and Abu Haneefah. If they fight (against the Muslim armies
however) then they are to be killed (as they are combatants).

Then 'AwlakI states:

"When Rasoolullah would give da'wah to a people he would not submit a brochure to
every single member of the community. He'd send a letter to the head of state and based
on the response of the head of state Rasoolu (salasalam) {sic} would react to the entire
nation - based on what the head of state does ... Rasoolu (salasalam) {sic} would fight
everyone in that nation based on the response of that leader."
AwlakI also states in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masdri' il-
'Ushshdq, CD 12, Track 9, when discussing the opinion on the permissibility (according to Imam
ash-ShafiTs view) of executing elderly war strategists and also those who give "intellectual
support" to those fighting against the Muslims:

"...so one might argue here for attacking the ones who pay taxes to the government
that fights against Muslims."
Firstly, 'AwlakI equates a mere tax-payer (who is obliged to pay taxes) to one who has given
"intellectual support" to kuffar during jihad, despite millions of them demonstrating against
unjust wars like Iraq!? Not just that, but secondly AwlakI then says that on the basis of the view
of the permissibility (according to Imam ash-ShafiTs view) of executing the elderly who provide
"intellectual support" this extends to a mere-tax payer who may in fact intellectually be against
any wars against the Muslims!? So on Awlakl's understanding this elderly individual should be

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

executed on the mere basis of paying taxes, which by the way he is obliged to pay, regardless if
he is an anti-war campaigner or not!? Thirdly, this shddh view which is attributed to Imam ash-
ShafiT was opposed by many of the Shafil scholars which we will come across soon. Fourthly,
why stop at the tax-payer? Why not extend this to all who contribute to the disbelieving state in
terms of buying, selling and other forms of indirect contribution to government coffers? No
matter how hard the one who resides in Dar ul-Kufr tries s/he will still be contributing to the
treasury whether they like it or not! Not to mention VAT added on a variety of items purchased,
alongside fuel duty, Vehicle Excise Duty and other motoring taxes, council tax, business rates
etc! Fifthly, taxation, in the UK at least, does not account for mainly financing military
expenditure, as taxation largely goes to: social protection, health and education (three services
which many Takfirl-Jihadis have shown no aspersions towards utilizing whatsoever!?), with
defence coming in after these in terms of the government's expenditure. Hence, a small fraction
of a person's tax may go towards military expenditure, in the US tax-payer however has about a
third of his/her tax which goes towards the military. Sixthly, those who pay taxes do not exactly
have a choice as they are compelled and forced to pay them otherwise they will be putting
themselves into further harm and danger.

Lastly, upon referral back to the actual text of the complete work Ibn an-Nahhas' book
Mashdri' ul-Ashwdq ild Masdri' il-'Ushshdq by Idrees Muhammad 'Ali and Muhammad Khalid
Istanbul! (first published in 1410 AH/1989 CE with the Third Edition in Beirut in 1423
AH/2002 CE by Dar ul-Basha'ir) - there is absolutely nothing about "intellectual support"
mentioned by Ibn an-Nahhas (see p. 1023 of the 1423 AH/2002 CE Dar ul-Basha'ir print). Ibn
an-Nahhas does not even mention the issue of them being war strategists who could possibly
provide info to the enemy, he just mentions that Imam ash-ShafiT allows it. The issue about
them being war strategists who could provide possible info to the enemies is discussed in other
works which will be mentioned shortly and not in Mashdri' ul-Ashwdq ild Masdri' il- 'Ushshdq. So
why then did al-'Awlaki add the issue of "intellectual support" when it was not mentioned at
all by Ibn an-Nahhas (rahimahulldhfi Awlakl says in Thawdbit 'ala'd-Darb il-Jihdd [Constants on the
Path of Jihad], part 3, after 15:58:

" Who said that if a particular people are in a state of war with you that this war
needs to be limited to the piece of land that they occupy? If a particular nation or
people are classified as 'Ahl ul-Harb' (people of war) in the Sharee'ah then that
applies to them on the whole earth. It is not restricted to a particular area."
First of all, Awlakl himself said that the war is limited to a particular people! You said it Anwar!
Awlakl stated after 52 minutes into the lecture Lessons Learned from the Sababab \jrin» as a Minority

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

(conducted at a JIMAS (!!!) conference in a Bank Holiday weekend during August 2002 in
Leicester):

"...the regular people, the laymen, are not the ones who make the decisions, just
like we heard yesterday by our brother Abu Muntasir: 70% of the British population
don't vote. These are your nice neighbours, the decent people you meet on the
street ! So Allah is teaching us something about human nature that on the top the
people who are making the planning and leading the people they might not
necessarily be like the people you meet on the street. Not everybody in Makkah
was evil, but the leadership was evil, not everyone among the people of Thamud
was evil, but the leadership was..."

'AwlakI also stated after 10 minutes and 50 seconds into The Life of Ahibti//////tul (The Medium

Period), track 23:

"Akhlaq are important even with your enemy, even with your enemy the Muslim
should deal with him in a good way with dignity. A Muslim is not cruel, a Muslim
is not wicked, a Muslim is not deceptive, a Muslim is not a liar. A Muslim deals
with everyone with honesty, dignity, straight-forwardness and kindness towards all
of the creation of Allah 'Azza wa Jail except those who deserve to be dealt with
cruelly..."

'AwlakI also stated in a khuthah aired on PBS (USA) in October 2001 CE:

"Our position needs to be re-iterated and needs to be very clear: the fact that the
US has administered the death and homicide of over one million civilians in Iraq,
the fact that the US is supporting the deaths and killing of thousands of
Palestinians does not justify the killing of one US civilian in New York City or
Washington D.C. and the deaths of six thousand civilians in Washington D.C. does
not justify the death of one civilian in Afghanistan!" 1

What is all the more ironic is that 'AwlakT himself stated in a documentary on Ramadan in

2001/02:

1 Video of this khutbah can be seen here: http://www.pbs.org/newshour/updates/religion/iuly-
decOQ/alawlaki li-ii.html

2 See 2:45 here: http://www.youtube.com/watch?v=.sBgG2ZLm2M8

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Only to then later translate the work of one who was with the terrorists! La ilaha il Allah! What
confusion, 'Awlaki doesn't know whether he's coming or going! How yesterday was different
from today! More ups and downs than a yo-yo! It's almost as if 'Awlaki became Jihad! for
opportunist and populist reasons as he saw a tide of youth inclining towards that way after 9/11,
so he also then jumped on the bandwagon of the Takfiri mavericks and Khawarij bandits and
ditched the wishy-washy Ikhwani methodology! As for 'Awlaki' s justification of attacking Ahl ul-
Harb wherever they may be, then this clearly goes against what the classical and contemporary
'Ulama have stated in their works on Jihad, which we will mention later insha' Allah. This all
indicates that Awlaki has no solid academic Islamic basis and knowledge hence such
contradictions and major shifts. As for his referral to the hadeeth of the attack of Ta'if with
Manjaneeq is a common shubhah used by the Takflrl-Jihadls, to justify killing civilians, more on
that hadeeth will be mentioned later. 1 Yet Allah says

"Fight in the way of Allah against those who fight you and do not transgress the limits
(set by Allah). Indeed, Allah does not love those who transgress."

{Baqarah (2): 190}

In Saheeh Muslim from Buraydah (radi Alldhu 'anhu) who narrated that whenever the Prophet
Muhammad (sallalldhu alayhi wassallam) commanded an army general, he (sal I all dim a lay hi wassallam)
would exhort the army general to have fear and consciousness of Allah. This is because an army
leader is in need of having taqwd of Allah and being reminded of it. In the same way the leader
orders goodness for those under him and does not transgress against them. Therefore, the leader
of an army has to be one of pious worship, correct deen and good manners with his followers.
The Prophet (sallalldhu alayhi wassallam) said to an army: "Do battle and do not steal from the spoils of
war, do not betray, do not depart (from the battle), do not im • it kill ' j oung children. "

In the Two Saheehs it is mentioned that the Prophet (sallalldhu alayhi wassallam) found a dead
woman of the polytheists that had been killed during the battle. He saw the companions
surrounding something and then he found out that it was woman who had been killed during the
batde. The Prophet was angered by this as she had been killed and said 'This is not one against who
war is to be fought against" clearly showing that this woman did not come to fight against you, so
why did you kill her? He then instructed the other Companion: "Tell Khalid to not kill children,

1 We have dealt with this before
http://www.salafimanhaj.com/pdf/SalafiManhaj Fighting

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

women or the elderly and frail." In the Two Saheehs 1 Ibn 'Umar (radi Allahu 'anhu) narrated: A
woman was found killed in one of the battles so Allah's Messenger prohibited the killing of
women and children. The hadeeth is hasan and was authenticated by at-Tirmidhl and Ibn
Hibban from the narration of al-Hasan from Samurah which the 'Ulama differed over in regards
to its authenticity however it is acceptable. It is mentioned in at-T alkhees: "It was reported by
Ahmad and at-Tirmidhi from the hadeeth of al-Hasan from Samurah." At-Tirmidhl stated:
"The hadeeth is Hasan Saheeh Ghareeb." Shaykh Abdullah al-Bassam (rahimahulldh) stated
in Tawdeeh ul-Ahkdm:

1. It has preceded that the Prophet (sallallahu 'alayhi wassallam) prohibited the
killing of women, old men, children, people in places of worship and the likes
who have no concern with fighting.

2. These two hadeeths affirm this meaning in regards to the prohibition of killing
women and old people who do not aid in war via action or opinion (i.e.
strategies).

3. The wars of Islam are neither about oppression nor corruption rather they are
wars of mercy and to call to goodness. Al-Mawardi said in al-Ahkam us-
Sultaniyyah: "It is not permitted to kill women and children whether during
warfare or outside of it, because the Prophet (sallallahu 'alayhi wassallam)
forbade killing them just as he prohibited killing the weak. The commander
must order his troops with what Allah has obligated in terms of adhering to
His rulings." 2

Therefore, the Prophet (sai • i 'hi///) prohibited the killing of women and children

and it is known that a clear forbiddance of something (nahy) indicates tahreem (prohibition). Imam
ash-Shafil stated, as relayed in al-Faqeeh wa'l-Mutafaqih, vol.1, p. 69:

The basis of nahy from Allah's Messenger (sallallahu 'alayhi wassallam) is that all
which he forbids is prohibited until a proof comes which indicates that the
meaning is not a prohibition.
Also, the argument which claims that the forbiddance of things which are related to acts of
worship and dealings indicate tahreem yet when related to manners (Adab) does not indicate
tahreem is a view which does not have any evidence. Rather the general evidences demonstrate the
obligation of staying away from all that has been forbidden without making any distinctions.

1 Also in Abu Dawud, at-Tirmidhi and Ibn Majah.

2 Abdullah bin AbdurRahman al-Bassam, Tawdeeh ul-Ahkam min Bulugh il-Maram (Makkah al-Mukarramah:
Maktabah al-Asadl, 1423 AH/2003 CE, 5 th Edn.), vol.6, pp.371.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

SHAYKH ABU ANAS HAMAD BIN IBRAHEEM AL UTHMAN ON
THE PROHIBITION OF TRANSGRESSION WHEN FIGHTING 1

From Buraydah (radi Alldhu 'anhu) that the Messenger of Allah (sallallaim 'a/ayhi wassallam)
used to say : "Fight in the way of Allah ami fight those who disbelieve Allah. Do battle and do not
exceed the limits, do not depart (from the battle), do not mutilate and do not kill children or those in
monasteries (i.e. places of worship). " 3

The reason due to which the killing of monks (i.e. those secluded in places of worship) and those
who are within places of worship is prohibited has to be understood. The reason is due to them
abandoning fighting not due to them being preoccupied with their worship for indeed they are
leaders of kufr. Ibn ul-Habeeb (rahimahulldh) said:

It was not prohibited to kill religious people due to their preoccupation with their worship,
as they are the most distant from Allah than others from the people of their deen due to
their intense insight into kufr. Rather, it was on account of their non-involvement with the
people of their deen in waging war against the believers whether that be via hand, thought
or wealth. But as for when it is known that one of them guides the enemy against us
secretly or the likes, then at such a point it would be lawful to execute such a person
(during jihad). 4
Ibn ul-Qayyim (rahimahulldh) said:

Killing is only obligatory when facing warfare and armed combat not when facing kufr. For
this reason, neither women are to be killed nor children, nor the elderly, nor the blind nor

1 From Hamd bin Ibraheem al-'Uthman, Jihad: Anwd'ahu wa Ahkdmuhu, wa'l-Hadd al-Fdsil Baynahu wa
Bayna'l-Fawda [Jihad: Its Types and Regulations and the Decisive Difference Between it and Chaos], ('Amman:
Dar ul-Athariyyah, 1428 AH/2007 CE), pp. 220-28.

2 Reported by Muslim in Kitdb ul-Jihdd and within other chapters, vol.3, p. 1356, hadeeth no. 1731.

3 The addition of "...and those in monasteries (or other places of worship)" is from the Musnad of Imam
Ahmad, vol.5, p. 352.

4 Abu Muhammad Abdullah bin AbdurRahman bin AbT Zayd al-Qayrawam, Muhammad Hijji (ed.), an-Nawddir
wa'z-Ziydddt'ald ma fi'l-Mudaivanna min Ghayriha min al-Ammahdt (Beirut: Dar ul-Maghrib al-Islami, 1999
CE) vol.3, p.6o.

Translator's Note: Ibn ul-Habeeb (rahimahulldh) also stated that if women or children are fighting with
swords, arrows and the likes against the Muslims then they can be killed out of self-defence, but if they are merely
throwing stones and the likes at the Muslims from the turrets of fortified buildings then they should not be killed.
See adh-Dhakheerah, vol.3, p.399. Other companions of Imam Malik said the same as this. See Shaykh
Muhammad bin Zakariyya Abu GhazI and Shaykh Mashhur Hasan Al Salman (eds.), Imam al-Mujtahid Abu
Abdullah Muhammad bin 'Isa bin Muhammad bin Asbagh al-Azdi al-Qurtubi (aka Ibn ul-Munasif), Kitdb ul-
Injdd fiAbwdb il-Jihdd (Beirut: Mu'assasah ar-Rayan, 1425 AH/2005 CE)„ vol.1, p. 235.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

those worshippers who do not fight, rather we fight against those who fight us. This was
the way of the Messenger of Allah (sallallahu 'alayhi wassallam) in dealing with the people
of the earth, he used to fight those who fought against him until they either entered into
the deen, make an agreement or treaty with him or came under his authority via paying the
jizya. This is what he used to instruct his armies if they fought against their enemies, as
has preceded from the hadeeth of Buraydah. 1
Rather, from the justice and fairness of the Muslims is that a boy was only to fight when he
reached puberty and maturity. They used to distinguish between those who fought against them
out of opposing and wanting to counter Islam and the one who fought against them out of play
and jest, it is mentioned in Sahnun's book:

If the child does not endure the fighting due to his young age then his fight is not (really) a
(proper) fight, rather it is out of play and jest so he is not to be killed. 2
Abu Bakr as-Siddeeq (radiAlldhu 'anhu) said to Yazeed bin Abi Sufyan (radi A.lldhu 'anhu) when he
sent him to Sham, 'You will surely find a people who claim to ' </, \ , I Hah, so leave

them to what they claim they have secluded themselves for and I advise you with ten matters: do not kill women or
children or the elderly and infirm. Do not chop down the fruit-bearing trees. Do not destroy inhabited places. Do
not slaughter sheep or camels except for food. Do not burn bees and do not scatter them. Do not steal from the
booty and do not be cowardly. " }

1 Muhammad bin AbT Bakr Ibn Qayyim al-Jawziyyah, Sahbl as-Salih (ed.), Ahkam Ahl udh-Dhimmah (Beirut:
Dar al-'Ilm Li'l-Malayyeen, 3 rd Edn., 1983 CE), vol.1, p.17.

Translator's Note: Imam Ibn ul-Munasif states:

As for the insane person then there should be no difference of opinion whatsoever over the issue of not
killing them, even if the person has reached maturity, this is because the person is not responsible by
agreement. The evidence that these types of people (are not to be fought against) is the saying of Allah,
"Fight in the way of Allah against those who fight you and do not transgress the limits (set
by Allah). Indeed, Allah does not love those who transgress. "
{al-Baqarah (2): 190}

From these types of people are those who are generally unable to fight such as the elderly, the decrepit,
those who are secluded in worship, hired workers, mothers and the likes who are not to be transgressed
against during fighting and Allah gave them a special position in that it is prohibited to kill them due to
His saying,

"...and do not transgress the limits (set by Allah)."

{al-Baqarah (2): 190}

Meaning: do not kill non-combatants such as women due to their inability to fight.

From Ibn ul-Munasif, op.cit., vol.1, p. 228.

2 An-Nawadir wa'z-Ziyadat, vol.3, p.58

3 Reported by Malik in the Muwatta', Kitab ul-Jihdd in the chapter of the prohibition of killing women and
children during warfare, vol.2, p.447, the hadeeth is on the authority of Yahya bin Sa'eed from Abu Bakr as-
Siddeeq that he said the hadeeth. AbdurRazzaq also reported the hadeeth in Kitab ul-Jihdd in the chapter of

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Killing women, children and the elderly who have not opinion in fighting (by recommending
strategies and the like) is included as being transgression which is prohibited,

"Fight in the way of Allah against those who fight you and do not transgress the limits
(set by Allah). Indeed, Allah does not love those who transgress."

{Baqarah (2): 190}
Al-Hafidh Ibn Katheer (rahimahulldh) said:
Allah's saying,

"...and do not transgress the limits (set by Allah). Indeed, Allah does not love those who
transgress."

{Baqarah (2): 190}

Means: 'Fight for the sake of Allah and do not be transgressors,' such as, by committing
prohibitions, as al-Hasan al-Basri stated that transgression (indicated by the Ayah), "includes
mutilating the dead, theft (from the captured goods), killing women, children and old people who
do not participate in warfare, killing priests and residents of houses of worship, burning down trees
and killing animals without real benefit." This is also the opinion of Ibn 'Abbas, 'Umar bin
'Abdul'Azee2, Muqatil bin Hayyan and others. 1

'destroying the trees within the land of the enemy', vol.5, p. 199, hadeeth no. 9375 on the authority of Ibn Jurayj
who said: Yahya bin Sa'eed said that Abu Bakr said, then he mentioned the hadeeth. The isnad is munqati'
(disconnected) but the 'Ulama have utilised it and referred to it as the meaning is correct and in agreement with
other authentic marfu narrations.

Translator's Note: Shaykh Mashhur mentions that Yahya bin Sa'eed did not hear directly from Abu Bakr as-
Siddeeq. The hadeeth was also reported by Sa'eed bin Mansur, Sunan, (no. 2284); al-Bayhaql, Sunan, vol.9, p. 86;
al-Baladhuri, Ansab ul-Ashraf, pp. 108-09 via another route of transmission from Abu Bakr, see al-Majalisah,
P-t535 and Jami' il-Usul, vol.2, p. 599.

In the Sunan of Abu Dawud, Kitab ul-Jihdd is the following hadeeth on the authority of Anas bin Malik (radi
Allahu 'anhu): The Prophet (sallallahu'alayhi wassallam) said: "Go in Allah's name, trusting in Allah, and
adhering to the religion of Allah's Messenger. Do not kill a decrepit old man, o a young infant, or a child, or a
woman; do not be dishonest about booty, but collect your spoils, do right and act well, for Allah loves those who
do well."

1 Tafseer al-Qur'an al-'Adheem, vol.1, p. 528.

Translator's Note: see Online English translation of Ibn Katheer's tafseer of the verse here:
http://www.qtafsir.com/index.php?option=com content&task=view&:id=234&Itemid=36

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Just like al-Hasan al-Basri (rahimahulldh) is utilised as a proof for the prohibition of transgression
in fighting involving killing women, children and old people, likewise 'Umar bin 'Abdul' Azeez
i > i I) u I I aii) is used as proof wherein he said about the saying of Allah,

"Fight in the way of Allah against those who fight you and do not transgress the limits
(set by Allah). Indeed, Allah does not love those who transgress."

{Baqarah (2): 190}

"...the killing of women and children is included within this, and so are those who are
not involved in warfare." 1 Ash-Shafil (rahimahulldh) opposed this and viewed that it was
permissible to kill a disbeliever who was not fighting and he did not exempt the monk (or person
of religion) from this, he said:

If one was to say "what is the evidence that the mushrik who does not participate in
fighting is to be killed?" 2 Then it can be said: the companions of the Messenger of Allah
(sallallahu 'alayhi wassallam) on the Day of Hunayn killed Durayd bin as-Samah who was
thrown into a tree and was not able to sit, he was about 150 years old and the Messenger of
Allah (sallallahu 'alayhi wassallam) did not find this offensive. 3
The 'Ulama of the ShafiT madhdhab opposed this view of ash-Shafil for the view of the majority
and they neither found his view pleasing nor did they refer to it as a proof. Ibn Battal
(rahimahulldh) stated:

Ash-Shafi'i viewed it permissible to kill them as is found within one of his sayings on the
issue and he used as a proof the fact that the Messenger of Allah (sallallahu 'alayhi
wassallam) ordered the killing of Durayd bin as-Samah on the Day of Hunayn. 4

1 An-Nawadir wa'z-Ziydddt, vol.3, p. 57

2 Translator's Note: in any case this is in referral to a Mushrik so it could be deduced from Imam ash-ShafiTs
shddh view here that it is in referral to the Mushrikeen in any case and not Ahl ul-Kitab, and Allah knows best.

3 Muhammad bin Idrees ash-Shafi'i, Muhammad Zuhri an-Najjar (ed.), al-Umm (Beirut: Dar ul-Ma'rifah), vol.4,
p.240.

Translator's Note: this opinion of Imam ash-Shafi'T (rahimahulldh) is also reported in Mukhtasar al-Muzam,
p. 272; al-Wajeez, vol.2, p. 189; al-Iqnd', p. 176; Mukhtasar ul-Khildfdt, vol.5, p.47, no.314; Mugni ul-Muhtdj,
vol.4, pp. 222-23; Nihdyat ul-Muhtdj, vol.8, p. 64; Rawdat ut-Tdlibeen, vol.10, p. 243; al-Muhdhab, vol.2, p. 299;
al-Majmu', vol.21, pp. 154-55; Hilyat ul-'Ulama, vol.7, p. 650 and al-Mawardl, al-Ahkdm us-Sultdniyyah, p.41.
See Ibn ul-Munasif, op.cit., vol.1, p.225. It is also found in Ibn an-Nahhas, op.cit., p. 1023

4 'Ali bin Khalf bin AbdulMalik ibn Battal, Yasir bin Ibraheem (ed.), Sharh Saheeh al-Bukhdri (Riyadh:
Maktabah Rushd, 1320 AH/2000 CE, 1 st Edn.), vol.5, p.171

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

What is useful to us is Ibn Battel's mention of "...within one of his sayings..." which
indicates that Imam ash-Shafil had another view which concurred with the view of the majority
which takes precedence due to it agreeing with the generality of 'Ulama and due to its strong
evidence. 1 As for using the killing of Ibn as-Samah as a proof then it is weak as Durayd was one
of the military strategists and for that reason Ibn Battel himself said:

Whoever compares the hadeeth about the prohibition of killing shuyookh from the
Messenger of Allah (sallallahu 'alayhi wassallam) will see that they refer to those who do
no assist at all in warfare via participating in combat or strategies. The hadeeth of Durayd
relates to an old person who assisted in combat as indeed Durayd did, in such an instance
there is no problem in killing such a person even if they do not participate in armed
combat. 2 This is because such assistance is more severe than most fighting, this is the
view of Muhammad bin al-Hasan and is the analogy of the saying of Abu Haneefah and
Abu Yusuf. 3

Some scholars claim that there is a lack of evidence preventing the killing of worshippers and the

elderly, 4 Abu Bakr ibn al-Mundhir (rahimahulldh) - died 318 AH:

I do not know of decisive evidence which obligates withholding from killing worshippers,
the elderly and the sick from the apparentness of the Book. Malik, Layth bin Sa'd and a

1 Translator's note: Ibn Munasif (rahimahulldh) however asserts that this opinion was the most authentic of
his sayings on the matter, see Ibn Munasif, op.cit., vol.1, p. 225. Ibn Munasif also says that this was the view of the
Dhahirl scholars such as Abu Muhammad Ibn Hazm in al-Muhalla, vol.7, p. 296, issue no. 928.

2 Translator's Note: this is also the view of Shaykh 'Abdullah bin AbdurRahman al-Bassam in is explanation of
the hadeeth in Abu Dawud regarding the use of catapults against the people of Ta'if, see Tawdeeh ul-Ahkdm min
Bulugh il-Mardm (Makkah al-Mukarramah, KSA: Maktabah al-Asadi, 1424 AH/2003 CE, 5 th Edn.), vol.6, p.385.
Shaykh Abdullah al-Bassam states:

As for intending to attack those who are not fighting such as women, children, the elderly,
those in monasteries, churches and the likes - then this is not permissible, as long as they
neither provide a benefit (to the enemy troops) via their views or strategies nor have
committed murder. For example, the Prophet (sallallahu 'alayhi wassallam) acknowledged
the execution of Durayd bin as-Samah on the Day of Hunayn because he was a strategist,
and just as the Qaradhiyyah woman was executed because she had murdered one of the
Companions,
s Ibid.

4 Translator's note: Ibn ul-Munasif stated that the evidence that is used by Ibn Hazm and those of the view
that it is permissible is the verse,

"Fight the Mushrikeen wherever you find them..."

{at-Tawbahfy): 5}

And they also use as a proof the saying of the Messenger of Allah (sallallahu 'alayhi wassallam): "I was
instructed to fight the people until they say "La ilaha il-Allah"." The hadeeth is reported by Muslim and others.
They also use the hadeeth: "Wage war in the names of Allah, on the way of Allah and fight those who disbelieve
in Allah... "

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

group of scholars viewed that killing them should be withheld due to the narration of Abu
Bakr as-Siddeeq and his prohibition of that. 1

However, the evidence from the Book is clear in refuting this as Allah says,

"Fight in the way of Allah against those who fight you and do not transgress the limits
(set by Allah). Indeed, Allah does not love those who transgress."

{Baqarah (2): 190}

Along with the understanding of al-Hasan al-Basri and 'Umar bin 'Abdul' Azeez (ralHii/.almii/.iillalj)

as has preceded. Shaykh ul-Islam Ibn Taymiyyah (rahimahulldh) stated:

As for those who are not from the people who help and fight, such as women, children, the
worshipper, the elderly, the blind, the disabled and the likes then they are not to be killed
according to the majority of the 'Ulama unless the person participates in fighting (against
the Muslims) with speech or action. Even though some 'Ulama permitted the killing of all
merely on account of kufr, except for women and children which become for the Muslims.
The first opinion (that non-combatants are not to be killed or fought against at all) is the
most correct opinion, because fighting is only against whoever fights us when we want to
manifest the deen of Allah, just as Allah says,

"Fight in the way of Allah against those who fight you and do not transgress the limits (set
by Allah). Indeed, Allah does not love those who transgress."

{Baqarah (2): 190}

In the Sunan is a hadeeth from the Prophet (sallallahu 'alayhi wassallam) that he passed by
a woman who had been killed within a battle and the people had gathered around the
body. The Prophet (sallallahu 'alayhi wassallam) said: "This is not one who should be
fought against" and sent the men away saying to one of them: "Tell Khalid not to kill

1 Abu Bakr Muhammad bin Ibraheem bin al-Mundhir an-Naysaburi, 'Abdullah al-Jibreen (ed.), al-Iqna' (n.p.,
1408 AH, 1 st Edn.) vol.2, p.464.

Translator's Note: The view of Imam Malik (rahimahulldh) was documented in: al-Mudawwana, vol.1, p.370;
ar-Risalah, p. 189; al-Ma'unah, vol.1, p. 624; Ashal ul-Madarik, vol.2, p. 16; al-Ka.fi, p. 208; Qawaneen ul-Ahkam,
p. 164; Bidayat ul-Mujtahid, vol.1, p. 384; Fath ul-Jaleel, vol.3, p. 144-46; Hashiyat ud-Dusuqi, vol.2, p. 177; Sharh
uz-Zurqdni, vol.3, pp. 111-12; 'Iqd ul-Jawahir ath-Thameenah, vol.1, p.468; adh-Dhakeerah, vol.3, p.397; Jami'
ul-Amahat, p. 246; an-Nawadir wa'z-Ziyddat, vol.3, pp.57-8; al-Istidhkar, vol.14, p. 72, hadeeth no. 19435; dl-
Ishraf, vol.4, p.419, issue no. 1739; Ibn ul-Jawzi, at-Tahqeeq, vol.10, p.149, hadeeth no. 728.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

children or workers." Also reported from him (sallallahu 'alayhi wassallam) is that he said:
"Do not kill a frail elderly man or a young child or a woman." 1

Ibn Taymiyyah also stated, "Whoever neither prevents the Muslims from establishing the deen of
Allah nor harmful with his kufr except to his own self." 2

As for the underlying reason for the prohibition of killing women and children being due to
them being under the ownership of the Muslims only then this is incorrect. This is because when
the Prophet (sallallahu 'alayhi wassallam) saw a murdered woman during a batde he said, "This is not
one who should be fought against. " 3 This is a clear text indicating that a woman is not to be killed
because she neither fights nor is the property of the Muslims. The disbeliever is only killed for
helping and participating in fighting, not on account of their kufr only.

The conclusion of the matter is that the prohibition of killing women and children is clear as
there is no evidence that opposes this. 4 As for old people, then there is another issue which is

1 As-Siyasah ash-Shar'iyyah, pp.177.

Translator's Note: Shaykh Mashhur (hafidhahullah) highlights that the hadeeth is reported by Abu Dawud
from Rabah bin Rabi' in Kitdb ul-Jihdd, chapter 'qatl un-Nisa", hadeeth no. 2669; an-Nisa'T, al-Kabeer, hadeeth
nos. 8625, 8628; Ibn Majah, hadeeth no. 2842; at-TahawT, Sharh ul-Ma'ani, vol.3, pp. 221-22 and in al-Mushkil,
6138; Ahmad, vol.3, p.488 and vol.4, p. 178; Ibn Hibban, no. 4789; al-Hakim, vol.2, p. 122; at-Tabaram, al-Kabeer,
hadeeth nos. 4617, 4618, 4619, 4620, 4621, 4622; al-Bukhari, Tareekh ul-Kabeer, vol.3, p.314; al-Bayhaql, al-
Kubrd, vol. 9, p. 82, 91; Ibn AbdulBarr, at-Tamheed, vol.16, p. 140; Ibn AbT Asim, al-Ahad wa'l-Ma'ani, hadeeth
no. 2751; Abu Ya'la, hadeeth no. 1546 - from the hadeeth of Rabah bin ar-Rabi'.

The hadeeth with all its transmissions is saheeh, see Shaykh al-Albanee, Saheeh Abu Dawud. The narration from
Ibn 'Umar with the wording 'the prohibition of killing women and children' has been verified by al-
Bukhari, no. 3015; Muslims, nos. 1744, 25; and from Ibn Abbas; al-Aswad bin Suree'ah; Hadhalah al-Kuttab;
Buraydah bin al-Haseeb; an-Nu'man bin Muqrin and Anas bin Malik. There are other hadeeth on this issue refer
to Majma' az-Zawd'id, vol.5, pp.315-18. Ibn ul-Munasif stated that the hadeeth "for those who authenticate it is a
proof that the 'aseef (hired workers or servants) and those like them are exempted from fighting and this is what
the qiyas is extrapolated from." See Ibn ul-Munasif, op.cit., vol.1, pp.228029.

2 As-Siydsah ash-Shar'iyyah, pp. 177-78

3 Reported by Abu Dawud in his Sunan, Kitdb ul-Jihdd in the chapter entitled 'Qatl un-Nisa", vol.3, p. 121,
hadeeth no. 2669.

4 Translator's Note: It is amazing therefore to find the Khawarij of the current era feebly try to piece together
all manner of 'daleel' to justify the killing of non-combatants. Then to make matters worse some of the Qutbis,
ikhwanis and hizbis then have the audacity to deny that any Muslims can even be involved in such actions and
defer blame to conspiracy theories!? However, one does not need to be a conspiracy theorist to realise that the
likes of Abu Qatadah al-Filistim gave fatawa' encouraging and inciting the murder and killing of women and
children during the civil war in Algeria. Furthermore, the 'al-Ansar' magazine that Abu Qatadah used to write
articles and 'fatawa' for used to feature stories which they considered praiseworthy of so-called 'Mujahiddeen'
"reviving the way of the Salaf by killing their own parents who they had made takfeer of!!? Refer to al-Ansar
magazine, issue no. 147, p.4 dated: al-Khamees (Thursday) 14 th Dhu'l-Hijjah 1416 AH corresponding to 2 May
1996 CE, transmitting the story from an article from al-Qital (issue no.32), the mouthpiece of the GIA [the
Armed Islamic Group'].

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

that Samurah bin Jundub (radi Alldhu 'anhu) reported that the Prophet (sallalltihu 'alayhi wassallam)
said: "Kill the Shujukh of the Mushrikeen and keep their sharkh alive. " l Al-BaghawT stated: he intended
by 'sharkh' — children and by 'Shuyiikh' - the youth." 2 Upon referral to dictionaries 3 we do not
find that the entry 'Shaykh' refers to youth except that al-BaghawI (rahimahulldh) intends by
'Shiiyfikh' those of them who have youthful vigour as there is no doubt that these, if they are
fought against, are to be killed. The same is for the weak Shaykh who has a strategy or is
consulted with for fighting against the Muslims, then such an individual is to be killed (during
warfare). Shaykh ul-Islam Ibn Taymiyyah (rahimahulldh) said:

The foundation is that the blood of Bani Adam is sanctified and inviolable and no one is
killed except with right. Killing due to kufr is not something which the legislations have
agreed upon at any one time of the Sharee'ah, such as killing the one who sits out of
combat, for this is something that the legislations and intellect do not differ over. The
blood of the disbeliever during the early history of Islam was sanctified and inviolable just

Therefore, even if we are arguing within the rubric of the Qutbl neo-conspiracy theorists (such as some of the
majdheel from the 'Islamic Awakening' forum), Abu Qatadah is an "agent for the security services".

1 Reported by Ahmad, vol.5, p. 12, 20; Abu Dawud, Kitab ul-Jihad, chapter 'Qatl un-Nisa", vol.3, p. 122, hadeeth
no. 2670; at-Tirmidhl, Kitab us-Seer, vol.4, p. 145, hadeeth no. 1583 and at-Tirmidhl said: the hadeeth is hasan
saheeh ghareeb.

Translator's Note: Shaykh Mashhur also highlights that the hadeeth is also reported by Ibn Abi Shaybah,
vol.12, p.388, hadeeth no. 33138; at-Tabarani, al-Kabeer, hadeeth no. 6900; Sa'eed bin Mansur, as-Sunan,
hadeeth no. 2624; al-Bayhaqi, al-Kubra, vol.9, p.92 and Ma'rifat us-Sunan wa'l-Athar, hadeeth no.18099; Abu
'Ubayd, Ghareeb ul-Hadeeth, vol.3, p. 16; ar-Ruwayam, Musnad, hadeeth no. 802 - via Hajjaj bin Arta; at-
Tabarani, al-Kabeer, hadeeth no.6902 and Musnad ush-Shamiyyeen, hadeeth no. 2641 - via Sa'eed bin Basheer
via Qatadah from al-Hasan al-Basrl from Samurah in a marfu form; al-Bazzar, Musnad (al-Kattaniyyah),
hadeeth no. 253 and Abu Tahir al-Mukhallas, Fawa'id, p. 175, b via Qatadah.

Hajjaj bin Arta is suduq yet has many mistakes and tadlees as al-Hafidh stated in at-Taqreeb, he narrates much
from Sa'eed bin Mansur and Sa'eed bin Basheer (who is al-Azdi), their freed slave and he is weak. See Da'eefAbi
Dawood and Da'eef at-Tirmidhi by Shaykh al-Albani (rahimahulldh). The scholars differed as to whether al-
Hasan heard from Samurah and the more correct opinion is that he did, see Shareef Haim al-'Awm, al-Mursal al-
Khafi' wa Aldqatuhu bi't-Tadlees, p. 1301. Both transmissions (via Hajjaj bin Arta' and Sa'eed bin Basheer) are
weak but they strengthen each other and insha'Allah the hadeeth is hasan. For this reason at-Tirmidhi said that
the hadeeth is: "hasan saheeh ghareeb" and he reported it via al-Hajjaj bin Arta from Qatadah. It is probably
due to this reason that at-Tirmidhi made the hadeeth hasan. At-Tabarani reported the hadeeth (hadeeth no.
7037) via Ja'far bin Sa'd bin Samurah from Khubayb bin Sulayman ibn Samurah from his father from his father
(Samurah). This isnad is weak because it contains more than one narrator who is either da'eef or majhul. Ibn
Munasif, op.cit., pp. 226-27, ftn.4.

2 Sharh us-Sunnah, vol.11, p.48

3 See Mu'jam Maqdyees il-Lughah, vol.3, p. 234 and as-Sahhdh, vol.1, p.425.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

like the original sanctity of a person. Allah prevented the Muslims from killing such a
disbeliever. 1

THE PROHIBITION OF KILLING WOMEN AND CHILDREN IS
MUHKAM AND THE PROPHET NEVER ALLOWED IT AT ALL

Some Ahl ul-'Ilm have thought that the killing of women was allowed during the early period of
Islam and then it was abrogated. This doubt has affected some people of knowledge due to the
hadeeth of as-Sa'b bin Jathhamah: The Messenger of Allah (sallalldhu 'ahyhi wassallam) was asked
about: women and children of the Mushrikeen (polytheists) being harmed during a night-raid,
and the Messenger of Allah (sallalldhu 'alayhi wassallam) responded by saying "They are from their
fathers. " 2 Abu 'Ubayd bin Sallam (rahimahulldh) - d. 224 AH - stated after transmitting the hadeeth:
"Then after that came the prohibition of killing women and children within many ahadeeth." 3
Shaykh ul-Islam Ibn Taymiyyah (rahimahulldh) stated:

Killing a woman merely on account of kufr is not permissible and we do not know that it was
allowed to kill any disbelieving woman at any time whatsoever. Rather, the Qur'an and the
sequence of its revelation prove that it is not allowed at all, because the first verses revealed about

1 Ahmad bin 'AbdulHaleem bin Taymiyyah al-Harram, Muhammad Muhiyydeen 'AbdulHameed (ed.), as-Sdrim
al-Maslul 'aid Shdtim ir-Rasul (Beirut: Dar ul-Kutub al-'Ilmiyyah, n.d.), p. 104.

2 Reported by al-Bukhari, Kitdb ul- Jihad, chapter Ahl ud-Ddr yabayitoon'; also in Saheeh Muslim with the same
wording in Kitdb ul-Jihdd wa's-Seer, chapter 'jawdz qatl in-Nisa wa's-Sibydn', vol.3, p. 1364, hadeeth no. 1745.

3 Al-Amwdl, p.42

Translator's Note: Shaykh AbdulMalik ar-Ramadanl al-Jaza'iri highlights in Takhlees ul-'Ibdd min
Wahshiyyat Abi'l-Qatdd (Jeddah: Maktabah al-Asalah al-Athariyyah, 1422 AH), p. 235, ftn.2:
as-San'am (rahimahulldh) said in Subul us-Saldm, vol.4, pp. 101-02:

...attacking them at night time out of heedlessness while their women and children are mingled among them and
then they get hurt during the attack unintentionally. The hadeeth which is reported by Ibn Hibban from as-Sa'b
(and has the addition of "..and then he prohibited this on the Day of Hunayn"). In the Sunan of AbT Dawud there
is another addition in the hadeeth: Sufyan said: az-Zuhri said: "and then the Messenger of Allah
(sallallallahu 'alayhi wassallam) prohibited the killing of women and children after that." What
supports the prohibition being after Hunayn is what is mentioned in Bukharee, that the Prophet (sallalldhu
'alayhi wassallam) said to one of them: "Go to Khdlid and tell him: do not kill children or hired-workers." What
indicates this is what was reported by Ibn Hibban from as-Sa'b bin Jaththamah who said: I heard the messenger
of Allah (sallalldhu 'alayhi wassallam) said: I asked him about the children of the Mushrikeen and them getting
killed among the enemy. He (sallalldhu 'alayhi wassallam) said: "yes (it's ok) they are from them", then he
prohibited their killing on the Day of Hunayn. Al-AlbanI authenticated this in Saheeh Mawrdrid ith-Thumdn,
p.1380.

fighting,

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

"Permission [to fight] has been given to those who are being fought, because they were
wronged. And indeed, Allah is competent to give them victory. [They are] those who have
been evicted from their homes without right..."

{al-Hajj (22): 39-40}

So it was allowed for the believers to fight in defending themselves and to retaliate against those
who evicted them from their homes and prevented them from tawheed of Allah and His worship,
and women are not included from those who do this. Then it was prescribed for them to fight
absolutely and this is explained in his saying,

So those people who are not people of combat are not permitted to be fought against. 1
Likewise, those who try to prove that the killing of women was allowed during early Islam and
then it was abrogated, refer to some positions taken by the Companions such as az-Zubayr bin
al-Awwam^ , ' I 1 < objection to Abu Dujanah (radi A^lhibit 'nubit) when he let a woman
go and did not kill her. 2 Abu Ja'far Muhammad bin Jareer at-Tabari (d. 310 AH) stated:

Within this hadeeth is also an exposition that killing the women of the Mushrikeen who are at war
was permissible and then the Messenger of Allah (sallalldhu 'alayhi wassallam) prohibited it later
either around the conquest of Makkah, before it or just after it. This is because when az-Zubayr
objected to Abu Dujanah leaving the women and letting her go after raising his sword to her and
az-Zubayr said to Abu Dujanah "I saw you raise your sword away from the woman after you had
directed it to her." 3 When az-Zubayr said this to Abu Dujanah, Abu Dujanah did not say "The
Messenger of Allah forbade killing women", rather he said "I respect the sword of the Messenger
of Allah (sallalldhu 'alayhi wassallam) to much to use it on a woman." Within this then is a clear
evidence that killing women during warfare at the time of the Battle of Uhud and before that was
allowed and then prohibited after. 4
This does not show that there was a prior allowance to kill women rather the prohibition was
possibly from the knowledge that escaped some of the Companions/

1 As-Sdrim al-Maslul, p.ioi

2 Tahdheeb ul-Athar, pp.560-61

3 Translator's Note: the woman was Hind bint al-'Utbah.

4 Tahdheeb ul-Athar, pp.560-61

5 Translator's Note: Ibn ul-Munasif stated that Ash-hab relayed from Imam Malik that Malik was asked about
enemy women and their children who on the turrets throwing rocks against the Muslims and assisting against the
Muslims, "should they be killed?" Malik responded: "The Messenger of Allah (sallalldhu 'alayhi wassallam)

"Fight in the way of Allah against those who fight you..."

{Baqarah (2): 190}

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

THE USE OF MANJANEEQ FROM IMAM AL-MUJTAHID, IBN UL-
MUNASIF'S (563-620 AH/1168-1223 AH) KITAB UL-INJAD FI
ABWAB IL- JIHAD 1

Awlakl states in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masdri' il-

'Ushshdq, CD 11, Track 6:

"By the way the use of al-Manjaneeq (catapults) does not distinguish between
male, female, young or old. A catapult is equivalent to a modern-day missile, in fact
a modern-day missile is more accurate because at least it can be guided or aimed 2

prohibited the killing of women and children". Ibn ul-Mundhir reported this saying from Malik from a group of
Malik's companions (refer to an-Nawadir wa'z-Ziyadat, vol.3, p.58 and adh-Dhakeerah, vol.3, pp.397-98). See
Ibn ul-Munasif, op.cit., vol.1, pp. 234-35.

1 The translator's notes for this section are to the edit of Shaykh Muhammad bin Zakariyya Abu Ghazi and our
Shaykh Mashhur Hasan Al Salman to Imam al-Mujtahid Abu Abdullah Muhammad bin 'Isa bin Muhammad bin
Asbagh al-Azdi al-Qurtubi (aka Ibn ul-Munasif), Kitdb ul-Injdd fiAbwab il- Jihad (Beirut: Mu'assasah ar-Rayan,
1425 AH/2005 CE), vol.1, pp.225-235.

2 This is a naive view from Awlakl! As look at all of the cases in Afghanistan for example where families, people at
weddings and other innocents have been killed via the use of modern-day missiles.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

but a catapult just hits somewhere. So since Rasoolullah (salasalam) {sic} used that
in Hisar (the siege) at-Ta'if and the Muslims after that used it every generation this
is an evidence that even though Muslims should avoid the killing of women and
children and the elderly but it does happen that some of them will die as collateral
damage and this should not hinder the jihad fi Sabeelillah. If a town is placed
under siege and there's no way to open it but by using al-Manjaneeq then it can be
used even if that might lead to the death of some innocent people because that's
for the benefit of the whole. One would rather have a few innocent people die and
then the rest of the people be saved from Hellfire than have them live and
generation after generation they keep on entering into Jahannam."

Imam Ibn ul-Munasif (563-620 AH/ 11 68-1 223 CE, rahimahulldh) however states in Kitdb ul-bijdd

fiAbwdbil-Jihdd: 1

They (the scholars) differed over the use of attacking the forts of the enemies with
Manjaneeq (catapults) and the likes of such destructive weapons when women,
children 2 and Muslim prisoners are within the fortified enemy abodes. Malik, ash-
Shafi'i, Abu Haneefah, al-Awza'i and others allowed them to be used which we will
explain from them. It was also stated that: they are not to be used as mentioned by
Fadl that Ibn ul-Qasim, from the companions of Malik, relayed from him that
attacking them with catapults (Majaneeq) is not permissible, neither is flooding
them out with water in order to drown them, if women and children are among
them. 3 As for Abu Haneefah then he viewed that it was permissible to use catapults

1 Translator's Note: any footnotes upon the words of Imam Ibn ul-Munasif here are from Shaykh Mashhur and
Muhammad bin Zakariyya Abu Ghazi unless stated otherwise.

2 What are called today: civilians.

3 See Qudwat ul-Ghazi, pp. 172-73; adh-Dhakheerah, vol.3, p. 409; al-Kharashi, vol.4, p. 17; al-Bayan wa't-
Ta'seel, vol.3, pp. 31-2 - wherein four statements are relayed:

1. It is permissible to throw fire at the enemy as a projectile via catapults, this is the view of Asbagh as Ibn
Mazeen relayed from him.

2. It is not permissible at all to do any of this, this is the view of Ibn ul-Qasim as relayed Fadl relayed from him.

3. It is permissible to use catapults against them and to use water to flood them out, but it is not permissible to
use fire as projectiles against them, this is the view of Ibn Habeeb as mentioned in al-Wddihah.

4. It is permissible to use catapults against them but it is neither permissible to drown them out with water nor
burn them, this is the madhdhab of Malik as mentioned in al-Mudawwanah. As for there being Muslim
prisoners held by the enemy fighters then in such as instance they are not to be attacked with fire or drowned
with water. There is difference of opinion with regards to attacking them with catapults, some of them said it
was permissible such as Ibn ul-Qasim and Asbagh from Sahnun and it was also said that it is not permissible,
which is the view of Ibn Habeeb as mentioned in al-Wddihah, he relayed this view from Malik and his

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

and to use fire even if there are Muslim prisoners and children (held by the enemy
within their forts) and even if they use the Muslims as human-shields, as long as
the intended targets are the kuffar (fighters). If a Muslim is hit then there is no
blood-money to be paid and no expiation to be made. 1 Ash-Shafi'i said: there is no
problem with hitting the fortified bases with catapults and fire and with whatever
will affect the enemy, even if there are women and children present. But Abu
Haneefah did not view that it was permissible to use catapults if the enemies are
using Muslims as human-shields except at times of compulsion.

Any Muslim that harms those who were not intended to be targeted then that
Muslim has to free a slave and there is no blood-money to pay. If the Muslim saw
him (a Muslim and yet still targeted the enemies with the Muslim being there) and
saw where he was and then hurled (the projectile) due to being compelled to do
that then he has to pay blood-money and make expiation. If he was not compelled
into hurling the projectile and intended to strike the Muslim then qisas (retaliation
against that Muslim attacker) has to be implemented. 2 Al-Awza'i stated: forts can
be attacked with catapults and fire even if there are Muslim captives therein. If any

companions in Madeenah and Egypt. See al-Bayan wa't-Ta'seel, vol.2, pp.44, 52; also see adh-Dhakheerah
for this view from Malik's companions in Egypt and Madeenah. See Ibn ul-Mundhir, al-Iqna', vol.2, pp. 465-
66.

Translator's Note: this is also the view of Shaykh 'Abdullah bin AbdurRahman al-Bassam in his explanation
of the hadeeth in Abu Dawud regarding the use of catapults against the people of Ta'if, see Tawdeeh ul-Ahkdm
min Bulugh il-Maram (Makkah al-Mukarramah, KSA: Maktabah al-Asadi, 1424 AH/2003 CE, 5 th Edn.), vol.6,
p.385. Shaykh 'Abdullah al-Bassam states:

1 This is because they were not intended as the target and in this case to throw projectiles via catapults is
permitted and does not necessitate any expiation to be made or any blood-money to be paid. See al-Mabsut,
vol.5, pp. 64-5; Tuhfat ul-Fuquhd, vol.3, p. 295; Bidd'i' us-Sand'i', vol.7, pp.100-01; al-Lubdb, vol.4, p. 118; ar-
Radd 'aid Seer al-Awzdl, p. 16; al-Jassas, Ahkdm ul-Qur'dn, vol.3, pp.395-96; al-Hiddyah Sharh Bidaydh al-
Mubtadi, vol.2, p.428; al-Bindyah fi Sharh il-Hidayah, vol.5, p. 656; Fath ul-Qadeer, vol.5, pp.447-48; Majma'
ul-Anhar, vol.2, p.413; Radd al-Muhtar, vol.3, p. 179; al-Bahr ur-Ra'iq, vol.5, p. 128 and Tabyeen ul-Haqd'iq,
vol.3, p. 243. This is the view of the majority of the Hanafis like al-Hasan bin Ziyad, the companion of Abu
Haneefah, see Bidd'i' us-Sand'i', vol.7, p. 101.

2 Al-Umm, vol.4, p. 257; Rawdat ut-Tdlibeen, vol.10, pp.244-45; Asnd ul-Matdlib, vol.4, p. 191.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Muslim captives are harmed (due to being harmed from the projectiles from
Muslim fighters) then this is an error which demands some form of expiation or
blood-money to be paid. Al-Awza'i 1 viewed that the Muslim captives not be put in
danger if the enemy are using them as human-shields. From Malik it is reported
that he viewed it permissible to attack with catapults but that it was not permissible
to use fire, except if there were none but fighter within the fortified bases. I do not
know of any statement from Malik with regards to the issue of the human-shields,
what is apparent from the madhdhab is that it is not allowed (to attack when the
enemies use the Muslims as human-shields). 2
As for the evidence which permits to use catapults against a fortified base is what was reported
by Muslim and Bukharl from as-Sa'b bin Jathamah who said: the Prophet (sallalldhu 'alayhi
>r assail am) was asked about an abode wherein the Mushrikeen were staying the night (and was
subsequently attacked) and they had women and children who were attacked there
(unintentionally), he (sallalldhu 'alayhi irassallan/) said: "They are from them." the meaning of "they are
from them" raises any blame from the Muslim fighters in them being compelled or forced to hurt
them (i.e. collateral).

1 See at-Tabari, Ikhtilaf ul-Fuquha, p. 5 (with the edit of Yusuf Sakht); al-Umm, vol.7, p. 369; al-Mughni, vol.13,
p. 142; al-Istidhkdr, vol.14, p. 66, no. 19412; Hdshiyat ul-Qaleeyubi, vol.4, p. 219. there is another narration from
al-Awza'i about the impermissibility of throwing projectiles against the fortified bases of the Mushrikeen if there
are Muslim prisoners therein or if the enemies are using the Muslim captives as human-shields. Ibn Rushd
transmitted this from him in Biddyat ul-Mujtahid, vol.1, p.416 (Egypt: Dar ul-Hamaml), also see: Fiqh ul-Imam
al-Awza'i, vol.2, p. 400.

2 See 'Aqd ul-Jawahir ath-Thameenah, vol.1, p. 469, al-Qarafi transmitted this from him in adh-Dhakheerah,
vol.3, 408; al-Baydn wa't-Tahseel, vol.3, P-44; an-Nawddir wa'z-Ziyaddt, vol.3, p. 66; Hdshiyat ud-Dusuqi
'ala'sh-Sharh al-Kabeer, vol.2, p. 178; al-Kdfi, vol.1, pp. 466-67; al-Qawdneen al-Fiqhiyyah, p. 98; Ibn ul-'Arabi,
Ahkdm ul-Qur'dn, vol.4, p. 1696; Tafseer ul-Qurtubi, vol.16, pp. 286-87; Hdshiyat ur-Rahuni 'aid Sharh az-
Zurqdni li-Mukhtasar Khaleel, vol.3, p. 146 and Hdshiyat ul-'Adawi 'aid Sharh al-Kharashi, vol.3, p. 114. The
avoidance of attacking when Muslims are being used as human-shields is the more correct view according to the
Maliki scholars and also with the Handbilah. See al-Mughni, vol.13, p. 141; al-Insdf, vol.4, p. 129; al-Mabda',
vol.3, p.324 and Matdlib Uola'n-Nahy, vol.2, pp. 518-19. This is also the view of al-Hasan bin Ziyad, the
companion of Abl Haneefah, as mentioned previously. Likewise, this is the view of al-Layth bin Sa'd as mentioned
in al-Mughni, vol.13, p. 142.

3 Abridged from Ibn ul-Munasif, op.cit., vol.1, pp. 236-39.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

SHAYKH 'ABDULMALIK AR-RAMADANI AL-JAZATRI ON USING
THE HADEETH IN ABU DAWUD REGARDING THE
INDISCRIMINATE ATTACK ON THE PEOPLE OF TA'IF WITH
MAN JANEEQ 1

The story of the people of Ta'if being attacked with manjaneeq is not relayed with an authentic
sanad, it has only been reported by Abu Dawud in his Maraseel 2 ; al-Waqidl 3 in his Maghd^f, vol.3,
p. 927 and Ibn Hisham in his Sirah, vol.2, p. 483. Imam as-San'ani (rahimahulldh) stated in Subitl //.<-
Saldm, vol.4, p. 1 1 1 :

Abu Dawud reported the hadeeth in the Maraseel and its men (i.e. the narrators) are thiqdt and al-
'Uqayli relayed the hadeeth with a da'eef isnad from 'Ali (radi Alldhu 'anhu), at-Tirmidhl relayed the
hadeeth from Thawr from Makhul, but he did not mention Makhool. This type of hadeeth is
Mu'dal. 4

This Mursal narration from Abu Dawud within his Maraseel (az-Zahrani's edition), as for
TirmidhT's narration, vol.5, p.94 which is mu'dal then it contains 'Umar bin Harun from Thawr
and al-Hafidh stated in at-Taqreeb about this 'Umar: "matrook, but he was a hafidh". Ibn Sa'd

1 Based on what the Shaykh mentioned in Takhlees ul-'Ibad min Wahshiyyat Abi'l-Qatad (Jeddah: Maktabah al-
Asalah al-Athariyyah, 1422 AH), pp.237-39.

2 Translator's Note: If in the chain of a particular hadeeth, the link between the successor (tabil) and the

Prophet is missing, the hadeeth is mursal (hurried), e.g. when a tabil says, "The Prophet said " A mursal

hadeeth is the strongest type of weak hadeeth and requires supporting narrations to strengthen it to the level of
"hasan due to supporting evidence", thereby removing doubt. For more on this see Dr. Mahmud at-Tahhan,
Tayseer Mustalah al-Hadeeth (Riyadh: Maktabah Ma'arif, 1425 AH/2004 CE, 10 th Edn.), pp.87-91.

3 Translator's Note: Al-Waqidi died in 207 AH/823 CE. Shaykh Salih Ali Shaykh states in Dawabit fi Ma'rifat
is-Sirah [Principles for Understanding the SIrah] that:

Likewise, those who gave importance in authoring works on the seerah include al-Waqidi, some scholars
praise him for his maghazi and yet some scholars say that "his works on maghazi should be
regarded as his affair in hadeeth, his hadeeth are not accepted." 3 The maghazi of al-Waqidi
does not exist with us today and many of the people of knowledge rely upon it and what is correct is that
al-Waqidiyyah is not totally verified in what has been transmitted and it is maybe the case that he
obtained narrations and transmissions which are not known to the people of knowledge. Therefore, his
hadeeth of the maghazi which the people of knowledge reject are not accepted, especially that which
differs from the basis of usul or opposes that which the speech of the people of knowledge indicates about
sirah.

See: http://www.salafimanhaj.com/pdf/SalafiManhai UnderstandingSeerah.pdf

Khalidi mentioned in his book Arabic Historical Thought in the Classical Period (Cambridge: Cambridge
University Press, 1994), p.48 that: "Waqidi was attacked for loose isnad usage by strict practitioners of
Hadith..." [TN]

4 A mu'dal hadeeth is a hadeeth whose reporter omits two or more consecutive reporters in the isnad.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

also reports the story in at-Tabaqdt, vol.2, p. 159 and so does Ibn al-Jawzi in al-Muntadham, vol.3,
p. 341 via ath-Thawrl from Thawr from Makhool in a mursal form. Ibn ul-Mulaqqin raised the
hadeeth in Klui/dsaf i/l-Bailr ai-Mnneer, vol.2, p.345 and also az-Zaylal in Nasb ur-Rdjah, vol.4, p. 104
and also al-MubarakfurT in Tuhfat ul-Ahwadhi, vol.8, p. 37. As for the narration of al-'Uqayll as
reported in ad-Du'afd', vol.2, p. 243 from 'Ali in a mawsiil (connected) form then it contains
however 'Abdullah bin Kharash from al-'Awwam bin Hawshab. Al-Bukharl stated in at-Tdreekh
al-Kabeer, vol.5, p. 80: 'Abdullah bin Kharash from al-'Awwam bin Hawshab is munkar hadeeth
(i.e. rejected). 1 According to al-Hasan ar-RamahurmuzI in al-Muhaddith al-Fdsil, pp. 316-17, he
said: Muhammad bin 'Ufhman bin Abl Shaybah narrated to me saying: I heard 'Ali ibn al-Madani
say:

I sat with 'Abdullah bin Kharash and while I was talking I heard him say: al-'Awwam narrated to us
from Ibraheem at-Taymi from his father from 'Ali who said: "The Prophet (sallallahn 'alayhi
irassallam) attacked the people of Ta'if with manjaneeq", then I realised that he was a liar!
In the Sunan of al-Bayhaql al-Kubrd, vol.9, p. 84 via Hisham bin Sa'd from Zayd bin Aslam from
his father 'Ubaydah (radi Alldhu 'anhu): The Messenger of Allah (sallallahu 'alayhi wassallam)
attacked the people of Ta'if and used catapults against them for seventeen days. Abu Qilabah
said: this hadeeth was rejected from him, the Shaykh (rahimahulldh): it is as if he rejected its isndd
and it is possible that at the time he rejected them being attacked with catapults. Abu Dawud
relays the hadeeth in al-Mardseel from Abl Salih from Abl Ishaq al-Fazarl from al-AwzaT from
Yahya (who is Ibn Abl Katheer) who said: The Messenger of Allah (sallalldhu 'alayhi wassallam)
attacked them for a month, I said: has it reached you that he used majdneeq (catapults) against
them? He rejected that saying: this is not known. This narration is in Mardseel Abi Dawud, p. 322
(az-Zahranl's edition).

AWLAKI CLAIMS THAT IMAM MUHAMMAD BIN
ABDULWAHHAB MADE BAY'AH TO THE OTTOMAN
KHALEEFAH IN ISTANBUL!?

1 Also see Shaykh 'Abdullah bin AbdurRahman al-Bassam, Tawdeeh ul-Ahkam min Bulugh il-Maram (Makkah
al-Mukarramah, KSA: Maktabah al-Asadi, 1424 AH/2003 CE, 5 th Edn.), vol.6, p.384. [TN]

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

'Awlaki states in his "explanation" of Ibn an-Nahhas' book Mashari' ul-Ashwaq ila Mnsari' il-
'Ushshdq, CD 2, Track 14:

"Muhammad ibn 'AbdulWahhab, there are some letters that indicate his bay'ah
was to the Khaleefah of Istanbul and he did not declare that Saudiyyah was an
independent state. They used to rule it independently, they didn't want the
Ottomans to interfere in their internal affairs, but they did not declare a Khilafah
and they considered themselves to be under the Khaleefah of Istanbul. And there's
actually a letter written by Shaykh Muhammad bin 'AbdulWahhab stating, where
he's refuting the claims of people who say he has succeeded the Khilafah, and he's
saying 'our bay'ah is to you' and he was very straight forward ."
So here 'Awlaki regurgitates, like other Harakls, the myth that the Ottomans ruled over the entire
Muslim world. First of all, where is this 'letter' which Imam Muhammad bin 'AbdulWahhab
(rahimahulldh) wrote to the Ottomans saying "our bay'ah is to you"? Can 'Awlaki refer us to the
sources and references for such a letter? Considering that 'Awlaki stated this as if he is an
authority on the issue! Secondly, the Ottoman Empire did not rule of the entire Muslim world in
the first place, Awlaki falls into the simplistic and romantic idea of the Ottomans ruling over the
entire Muslim world, which is an incorrect assertion promoted in the West initially by Hi%b ut-
Tahreer and their offshoots. Thus, Hz\b ut-Tahreer, with its roots in Sham where the Ottomans did
rule over, began to praise the Ottoman Empire as if it was a Khilafah in the sense that all Muslims
had to obey it and blindly follow it. We also know that Imam 'Uthman Dan Fodio (Ibn FudT) for
example had his own Caliphate in the nineteenth century CE which was totally independent
from Ottoman rule. The Mughal Empire was also independent from Ottoman rule, as were the
'Alawi rulers of Morocco. While the Mughal Empire had relations with the Ottomans 1 the
Moroccan dynasty of the Sa'dis and Alawts had no relations with the Ottomans whatsoever.
Likewise, Najd in Arabia was independent from Ottoman rule.

Thirdly, though it is true that Imam Muhammad ibn AbdulWahhab held the same view of Ahl
us-Sunnah that Muslims should not revolt against their leaders, the Ottomans were not his
leaders to begin with. Let's look at the views of Imam Muhammad bin AbdulWahhab in regards
to revolting and rebelling against the Muslim rulers, which in fact 'Awlaki would benefit from
reading himself! Imam Muhammad ibn AbdulWahhab stated:

1 An interesting book on this topic is by Naimur Rahman Farooqi, Mughal-Ottoman Relations: A Study of the
Political and Diplomatic Relations Between Mughal India and the Ottoman Empire, 1556-1748 (Delhi: Idarah-i
Adabiyat-i Delhi, 1989). Francis Robinson has also conducted some research on Mughal-Ottoman relations in his
paper Ottomans-Safavids-Mughals: Shared Knowledge and Connective Systems. All of this research indicates
that the Mughals had relations with the Ottomans but were not under their authority whatsoever.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

The Imams from every Madhhab are agreed concerning the one the forcefully took over a
region or regions that he has the ruling of "Imam" in all matters. If this had not been so
then the affairs of the world would never have been established. This is because for a very
long time, before the era of Imam Ahmad till this day of ours, the people have never
gathered behind a single Imam. And they do not know anyone from the Scholars who has
mentioned that any of the Sharee'ah rulings cannot be correct (effected, implemented)
except by the overall Imam (the Khaleefah). 1

Let's turn to what some Islamic historians have concurred, as opposed to the mere diatribes of

the unqualified! 2 Shaykh 'Abdul'Azeez Al-AbdulLateef said:

Some opponents of the Salafi da'wah claim that Imam Muhammad ibn 'Abd al-Wahhab
rebelled against the Ottoman Caliphate, thus splitting the Jama'ah (main body of the
Muslims) and refusing to hear and obey (the ruler). 3

Imam Muhammad ibn AbdulWahhab said in his letter to the people of al-Qaseem:

I believe that it is obligatory to hear and obey the leaders of the Muslims, whether they are
righteous or immoral, so long as they do not enjoin disobedience towards Allah. Whoever
has become Caliph and the people have given him their support and accepted him, even if
he has gained the position of caliph by force, is to be obeyed and it is haram to rebel
against him. 4
And he also said:

One of the main principles of unity is to hear and obey whoever is appointed over us even
if he is an Abyssinian slave... 5

1 ad-Durarus-Sunniyyahfil-Ajwibatun-Najdiyyah vol.7,p.239

2 Refer to the book by Professor Sulaiman Bin Abdurrahman al-Huqail (Professor of Education at Imam
Muhammad bin Saud University, Riyadh), Muhammad Bin Abdulwahhab - His Life and the Essence of his Call
(Riyadh: Ministry of Islamic Affairs, Endowments, Dawah and Guidance, KSA, First Edition, 1421 AH/2001 CE),
with an introduction by Sheikh Saleh Bin Abdulaziz Al-Sheikh.

3 Abdul'Azeez ibn Muhammad Al AbdulLateef, Da'dwa al-Mundwi'een li Da'wat al-Shaykh Muhammad ibn 'Abd
al-Wahab (Riyadh: Dar ul-Watan, 1412 AH), p. 233

4 Majmu'at Mu'allafdt al-Shaykh, vol.5, p. 11

5 Majmu'ah Mu'allafdt al-Shaykh, vol.1, p. 394; quoted in Da'dwa al-Mundwi'een, pp. 233-234

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

And Shaykh 'Abdul'Azeez Al-AbdulLateef said:

jrjJLdl Z+jH 4Plk!lj £»~Jl *-J yrj ja £~<^l *^ ^ b> Obi t^iil j?rjil ji jisil 1*1*
iJLgi ig-JiJl dJLb" Ulj^r <w^* 4Jl^« <Jl juiJ Lili : iisl <L^s*c ljj*b ^ U pjtjPr\ij ^js^j
SJji e jk»n c-^ liUJ J^j 5 jpaJl aJLa jkj* " Jt£ " cJlT Ja : ja ^ Jl j*u

After stating these facts, which explain that the Shaykh believed it was obligatory to hear
and obey the leaders of the Muslims whether they are righteous or immoral so long as they
do not enjoin disobedience towards Allah, we may refer to an important issue in response
to that false accusation. There is an important question which is: was Najd, where this call
originated and first developed, under the sovereignty of the Ottoman state?
Dr Salih al-Abud answered this by saying:

i*i j ifcJ] j>'\ *i j UikL. igji jlwI ui iJWuJi iiJ jjQJ lijii > j**Ji Js-" jJ-" j^jj f.

JU£ £~iJl 5 jPi jj^e> tjjS\ OUjJl J aS J 2Lsb- Ujbi J*>U- CjUt *tf j j~jU5P
4JUi*!l aJjOJi oLJj jl jitul jbJl iaJjM oJLa Jju bf j dill 43* j jJl jlp

jruljS " : ^"OljjJLil jS3i 0>»Uto OUiP JT jryljii " : UljuP J-Ty 4jU*> j J^- 4j jb^l

2L-i ^libi-l js3JdJ U-»f OlT ^JL!l ^Jjf JLp j^c lgi!l t " Oljjjdl 4iw» U J OU*p JT
ipUM yjl Jjl jt JLa 4jt jrusj aJL- jJl aJLa J*>U ^ ^1609 4~J 4i3l jil 4^-iA 1018
Li ^p SJbl e j-isP ^jl Up> XJbJ jry*>\j j jru^l Jj (»-JLJ OUiP JT 3J cJlT ^ j^p

. . . . jJ- aU jcPl 01 sA—*-)M IOP U b^w C—J JLsi i*>b j

Najd never came under Ottoman rule, because the rule of the Ottoman state never reached
that far, no Ottoman governor was appointed over that region and the Turkish soldiers
never marched through its land during the period that preceded the emergence of the call
of Shaykh Muhammad ibn 'AbdulWahhab (may Allah have mercy on him). This fact is
indicated by the fact that the Ottoman state was divided into administrative provinces.
This is known from a Turkish document entitled Qawaneen Al 'Uthman Mudameen
Daftar ad-Diwan (Laws of the Ottomans Concerning what is Contained in the
Legislation), which was written by Yameen 'Ali Effendi who was in charge of the

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Constitution in 1018 AH/1609 CE. This document indicates that from the beginning of the
eleventh century AH the Ottoman state was divided into 23 provinces, of which 14 were
Arabic provinces, and the land of Najd was not one of them, with the exception of al-Ihsa',
if we count al-Ihsa' as part of Najd. 1

And Dr 'Abdullah al-'Uthaymeen said:

jj JUj£ 5 jfO jj^i? JJ U\Jp jjJUiaJU I >i jii .lfr.U ^ " " 019 jSC U^>j

CJlT 3jV IgJbMa dol j^-l jwi ^Ip ai j^rj C jfl lijii Jlg-£J ji lif US' jJl jlp
^JJb-l j^Sfl lil^r jia*) J til j^iSlI ijflj *ij liU^r jia*) J jJUsi- ^ jl jc* ^ i jii *>\3
IgJUli jru ^1 j-aJlj 4«jtS C-U? 4jJb?Jl OlJlUl jru Oj^-li ^L~Jl jl jii-i^l jj> IP jj

LLtf- lib- j*3~jI 4Ab>xil

Whatever the case, Najd never experienced direct Ottoman rule before the call of Shaykh
Muhammad ibn 'AbdulWahhab emerged, just as it never experienced any strong influence
that could have an impact on events inside Najd. No one had any such influence, and the
influence of Bani Jabr or Bani Khalid in some parts, or the Ashraf in other parts, was
limited. None of them were able to bring about political stability, so wars between the
various regions of Najd continued and there were ongoing violent conflicts between its
various tribes. 2

Imam 'Abdul' Azeez ibn 'Abdullah ibn Baz (may Allah have mercy on him) said in response to this
false accusation:

jj- J jSo pib JlflsPl j jjlpl U-9 4JUi*!l 43*>U-I 3J ji Js- uU jJl JLP jj JU£ f.
- hjb jt SOL JT ^Pj 3 jjLw (jjji jJufi Ol jUI JLf CJlS* Jj iJl ji^i 3 jUI iuUj
£t~JiJlj Olj^-Li^j J^S OljUl . ..JjL~»^ js«l — Cj j*~p

js- ill J jut*j ooL J Sjuli ^U> ji Js- ^jp- lilj 33^-1 ^ jJl jlp

. . j^Sfl i*>Ul Jl 3 jPJLil «jL» jjj jl»i jj^- jjUj jjU?j fi^U^r

1 'Aqeedat al-Shaykh Muhammad ibn 'Abd al-Wahhab wa atharuha fi'l-'Alam al-Islami (unpublished), vol.1,
p.27

2 'Abdullah ibn Salih al-'Uthaymeen, ash-Shaykh Muhammad ibn Abd al-Wahhab Hayatuhu wa Fikruhu
(Riyadh: Dar ul-'Ulum, 1412 AH) p. 11; quoted in Da'awa al-Mundwi'een, pp. 234-235.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Shaykh Muhammad ibn 'AbdulWahhab did not rebel against the Ottoman Caliphate as far
as I know, because there was no area in Najd that was under Turkish rule. Rather Najd
consisted of small emirates and scattered villages, and each town or village, no matter how
small, was ruled by an independent emir. These were emirates between which there were
fighting, wars and disputes. So Shaykh Muhammad ibn 'AbdulWahhab did not rebel
against the Ottoman state, rather he rebelled against the corrupt situation in his own land,
and he strove in jihad for the sake of Allah and persisted until the light of this call spread to
other lands... 1

Refer to these maps of the Ottoman Empire which clearly show that the Ottomans did not have
authority in Najd, just as the Ottomans had no authority in West Africa, Morocco, Sudan, India
and Persia. See:

Ottoman Empire, 1798-1923: See:

http://wwl.huntingdon.edu/ilewis/svl/IRcomp/MapsOttoman.htm

1 Conversation recorded on tape; quoted in Da'awa al-Munawi'een, p. 237

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

See: http://worldmapsonline.com/UnivHist/30335_6.gif

Hence, AwlakFs odd claim, which was unsubstantiated, that there are letters wherein Imam
Muhammad bin AbdulWahhab stated to the Ottoman Khaleefah "our bay'ah is to you" is
completely incorrect and it has no evidence therefore should not be said. Imam Muslim
(rahimahullah) reports in his Saheeh on the authority of Abu Hurayrah (nidi /{//ah/i 'a ///.///) ilv.it the
Prophet (sallalldhu 'alajhi wassallam) stated in the hadeeth

"It is sufficient a lie for a person to relay all he hears. "
This trait of not authenticating or verifying reports and quotations is actually endemic within the
method of AwlakT as we have seen in this study.

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

MOCKERY OF USUL? MASLAHAH AND MAFSADAH IN FIQH OF
JIHAD ACCORDING TO 'AWLAKI

'AwlakI states in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwaq ild Masdri' il-

'Ushshdq, CD 9, Track 3:

"Ya'ni, this Maslahah and Mafsadah thing {sic} is taken to the extreme and it's
only limited to worldly calculations without getting the spiritual and Akhirah
calculations in it. You know you always mention "what's the Maslahah and
Mafsadah in this" and it's always looked at from a worldly point of view in terms of
numbers and physical loss. If that's the case then there's not gonna be any battle
because the assumption is that you want to win a war without any losses and that
will never happen..."

'AwlakI also states in part 2 of his explanation of al-Qa'idah member Yusuf al-'Ayrl's Thawdbit
'ala'd-Darb il-Jihdd [Constants on the Path of Jihad], after 41:30:

"So this completely defies the logic of people who always say "let's weigh the
benefit and let's weigh the harm in everything" until everything is Sharee'ah
becomes a vegetable soup, everything in Sharee'ah is lost. You don't have any
constants in Sharee'ah any more, because they subjugate everything to this rule of
benefit and harm: "Whats the benefit in doing this? It will cause a lot of harm."
SubhanAllah! The whole issue of fighting fi Sabeelillah brings harm , your putting
your life and your wealth in danger! So when you look at it from this Maslahah and
Mafsadah point of view - it is a Mafsadah ! You are putting yourself and your
wealth in danger, isn't this a harm? So using this in Jihad fi Sabeelillah doesn't
work because Jihad in itself is something that will bring you harm, so you shouldn't
subjugate it to this rule of benefit and 'trying to outplay the benefit and harm of
Jihad fee Sabeelillah' - it doesn't work that way."
First of all, we clearly see two things:

♦♦♦ Al- AwlakI demonstrates his ignorance of the Usui and Qawa'id in fiqh hence his carte

blanche dismissal of the role of taking into consideration the Maslahah and Mafsadah.
♦♦♦ Al- AwlakI' s ignorance as to Jihad, wherein he says above that it is a "Mafsadah"!?
Secondly, both of these quotes are a clear example of Awlakl's negation of any Usui in the Fiqh
of Jihad and folly of attemting to jump straight into detailed books such as Ibn an-Nahhas' book
Musbdri /// Xlasdri' il-'Ushshdq which was authored during a particular context, which is

not the case today. Indeed, today the enemies of Islam encroach into the Muslim lands in the
first instance due to actions caused by the Khawarij of the era whom 'AwlakI now supports and

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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

says nothing against! The "Maslahah and Mafsadah thing", as 'Awlaki refers to it, has a basis
in the deen and 'Awlaki throws doubt on it in order to try to show that it has no foundation in
the fiqh of jihad. Shaykh ul-Islam Ibn Taymiyyah stated:

The Sharee'ah came with obtaining benefits (Masalih) and completing them and
averting harms (Mafasid) and reducing them. (Opting for) the best of two good
options and (averting) the most evil of two evils; so as to obtain the better of two
benefits and averting the worst of two evils. 1

Shaykh Sulayman bin Sahman (rahimahullah) stated in ad-Durar as-Saniyyah, vol.8, p. 491:

Ahl ul-'Ilm say: averying the harms (Mafasid) takes precedence over achieving
benefits (Masalih). So averting the harms (Mafasid) of the people of truth being
suppressed, or them not being able to manifest their deen and be gathered on it,
and of calling to it, and them being scattered and vagrants all over the world -
takes precedence over achieving the benefits of: rejecting what those in authority
do... and manifesting enmity to them and making Hijrah from their lands.
As for Jihad then Awlaki boldly states "it is a Mafsadah" and this is a ridiculous statement as
obviously Jihad is a Maslalah in the end. So for Awlaki to say, in an emotional outburst which
characterises many of his lectures, that about Jihad that "the whole issue of fighting fi

1 Ibn Taymiyyah, Majmu' al-Fatawa (Tarteeb 'AbdurRahman bin Qasim and his son Muhammad, 1398 AH, 2 nd
Edn.) vol.20, pp.48, 52-53; al-Fatawa al-Kubra (ed. Shaykh Ahmad Kan'an, Dar ul-Arqam bin abi'l-Arqam, 1420
AH/1999 CE), vol.3, p.544.

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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Sabeelillah brings harm" demonstrates his lack of knowledge. As the harm within it is does
not outweigh the actual manifest benefits in it in the long-term. Allah says,

"O you who have believed, shall I guide you to a transaction that will save you from a
painful punishment? [It is that] you believe in Allah and His Messenger and strive in the
cause of Allah with your wealth and your lives. That is best for you, if you should know."

{as-Saff(61): 10-11}

So when one strives in that is that which is salvation from a painful torment, so how on earth
can it be described as being "a Mafsadah"?! Allah also says

"Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be]
for Allah."

{Baqarah (2): 193}

Awlakl's brazen intellectual denial of the importance of the Maslahah and Mafsadah is reflected
in his views on suicide bombing. He views that in Palestine for example there are according to
him "huge benefits" in them merely on account of a thousand or so Jewish-Zionist settlers
staying away from Palestine due to such attacks. However, the falsity of such an equasion is
evident as these numbers who stay away are insignificant in comparison to the few thousands
and more Palestinians who suffer as a whole in the reprisals that occur after such suicide bomb
attacks. So it may be a benefit (Maslahah) that such Zionist settlers stay away however the huge
amounts of Palestinian Muslims who are killed by the enemies of Allah is a far greater harm
(Mafsadah). And averting the harms (Mafasid) takes precedence over achieveing benefits
(Masalih). Furthermore, many of the major suicide bombings over the last nine years have
brought about more harms than good for the Muslims, such as:

♦♦♦ Saudi Arabia - in 2003-2004 CE there were about five attacks upon civilian compounds
and civilian places of residence;

*t* Jordan - the suicide bomb attack at the hotel in 'Amman, killing a whole load of people
that had nothing to do with any kind of war and were just at a wakx/mih);

♦♦♦ Morocco - like the bombings conducted by the Takfiri-Jihadi youth of Sidi Momin in
Dar ul-Bayda'/ Casablanca in 2003 CE;

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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

♦♦♦ Egypt - such as the Sharm e-Sheikh bombings in 2005 CE;

♦♦♦ 'Iraq - wherein it has been estimated that around a million or so Iraqis have been killed

largely by Khawdrij and Rawdfid killing each other.
♦♦♦ Mumbai Bombings -

♦♦♦ Pakistan and Afghanistan - wherein hundreds have been killed in such attacks.
♦♦♦ With regards to the effects of such operations upon Muslims who live in non-Muslim
countries and how it has affected the image of Islam, then the treatment against Muslims
after such 'operations' have become much more draconian. This increased after 7/ 7,
9/11 and the Madrid bombings, and the attempted suicide bombing at Glasgow Airport
on Saturday 30 th June 2007. Hence, wars against Muslims are now justified via
reference to such attacks, why is 'Awlaki therefore still in intellectual denial as to
the negative implications of such suicide bombings?! The Nikayah in these cases
is in fact against the Muslims, in favour of the enemies of Islam!
Even if there may be some insidious kuffdr involvement in some of these examples there are still
ignorant expendable pawns that can be utilised due to their corrupted Takfirl-Jihadl methodology
which sanctions such actions in the first place and justifies them. Awlaki's disregard of the
principle of averting the harms taking precedence over achieving the benefits is therefore
manifest in his support of suicide bombings which itself is based on a total disregard of the
principle. It also demonstrates Awlaki's corrupt Usui which has led him to justify all sorts of
contraventions of the Sharee'ah in the name of merely achieving a short term "benefit", as the
Takfirl-Jihadl would claim, in causing some grief to the Kuffar. Yet upon inspection it is evident
that with such actions only harms (Mafasid) increase as opposed to any benefits (Masalih) being
achieved. The manifest harms involved in some of Awlaki's fiqh of Jihad as we have seen are
many:

S Killing oneself with one's own hands

•S bringing about greater reprisals from the enemies of Islam.

•/ The killing of civilians.

•S The killing of those non-Muslims who Muslims have agreements with, thus going against the Sharee'ah.

■7 Killing those with whom A [//slims have covenants of security and safety.

•f Use of stories, some of which are unauthentic to justify certain practices.

•f Disregard of qualified scholarship in favour of the views of mere speakers and Khawdrij.

Tying, treachery and betrayal,
•f Corrupting the image of Islam.
S Scaring people aware from the deen

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These are but a few of the harms (Mafasid) involved in 'Awlakl's jihad fiqh. The assumed
"benefits" in such attacks are minimal, if anything, in comparison to the manifest harms
(Mafasid) involved in such attacks.' Awlakl however, totally denies any Mafasid that result from
suicide bombings and carries on as if they are all praiseworthy. This shows us the importance of
referring back to qualified scholarship when wanting to know the Islamic stance on such serious
issues, as Allah says

tjtf Jb J Jl • fij Yj * ' jffi ^°r^ s / cfi ] &
<^yj& *i\ jUa^Ji 'f*H ^jip jJji jiafl SfjJj 4jjk/A.„j ^jJUi 4U«)

"And when there comes to them something (i.e. information) about (public) security or
fear, they spread it around. But if they had only referred it back to the Messenger or to
those of authority among them, then the ones who (can) draw correct conclusions from it
would have known about it. And if not for the favour of Allah upon you and His mercy,
you would have followed Shaytan, except for a few of you."
{an-Nisd (4): 83}

Ibn Katheer says about this noble ayah: "This Ayah refers to proper investigation, or
extraction of matters from their proper resources."

In regards to this, Imam al-Albani was asked, as documented and transmitted by his prolific

student Shaykh Ali Hasan al-Halabi al-Athari (hafidhahullah):

"Is it allowed to drive a booby-trapped car packed with explosives and drive it into
the enemies? What is currently called 'suicide bombings', with evidence."

Answer from Imam al-Albani (rahimahulldh):

We have said regularly and frequently about that these questions that: during these
times they are not allowed 1 because they are either individual and personal actions
wherein the individual is unable to be outweigh the benefits over the harms, or the
harms over the benefits; or, if it is not an individual action it is from an
organisation, Jama'ah or (group) leader - and this leader is not Divinely Leigslated
(Shari'), and at this point such an action is considered suicide! As for the evidence:

1 Shaykh 'Ali Hasan al-Halabi al-Athari (hafidhahullah) says about this:

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then this is well-known from the ahadeeth in the Two Saheehs, 1 that whoever
commits suicide with any instrument will be punished with it (in the Hereafter).
The likes of these suicide operations, as they say today, are only when there is
Islamic rule headed by a Muslim ruler who rules by what Allah has revealed and
applies Allah's Sharee'ah in all aspects of life, such as the military and soldiers
which are also to be in line with the restrictions of the Shar' (Divine Legislation).
The higher leader, and then those who represent him such as the Army General - if
they view that there is a Maslahah for the Muslims by performing these suicide
operations in order to achieve a Divinely Legislated benefit, then they are
permitted. The Muslim ruler is the one who estimates this via seeking advice from
those whom he seeks counsel in his gatherings with them, only in these instances
are they allowed and anything other than this is not allowed. 2

AWLAKTS FLAGRANT DISREGARD OF COVENANTS OF SAFETY
AND SECURITY IN ISLAM

Continuing in his disregard of the Usui ul-Fiqh, Awlaki has demonstrated that he has an issue
with the issue of 'Ahd ul-Aman and in his talks has either glossed over it or talked as if it is non-
existent in the religion, even though the 'Ulama have discussed it at length. When discussing the
fiqh of jihad it appears to be the main issue that he totally disregards and this is probably the
clearest proof that he follows the beliefs of the Khawarij of the era. In this section we hope to
shed light on this and bring what the classical scholars have stated about this very important
matter in order to assess whether Awlaki is in conflict with Ahl us-Sunnah or not in this issue.

1 In BukharT (hadeeth no. 5442) and Muslim (hadeeth no. 109) from Abu Hurayrah (radiAlla.hu 'anhu) from the
Prophet (sallallahu 'alayhi wassallam) who said: "Whoever throws himself off a mountain killing himself, will
be in Hellfire throwing themselves off for ever and eternity. Whoever drinks poison to kill himself will drink
poison in his hand eternally in the Hellfire for ever. Whoever kills himself with iron (a weapon) then this iron
will be in his hand and he will be killing himself with it in Hellfire for ever and eternity."

2 From Shaykh 'Ali Hasan al-Halabi al-Athari, Su'aldt 'AH bin Hasan bin AbdulHameed al-Halabi al-Athari li'sh-
Shaykhihi Imam al-Alldmah al-Muhaddith al-Faqeeh Shaykh Muhammad Nasiruddeen al-Albdni
(rahimahullah). Makkah al-Mukarramah, KSA: Dar Abdullah Bu Bakr Barakat, 1430 AH/2009 CE, First Edn.
Vol.1, pp.389-390.

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We will also highlight what Ibn an-Nahhas (rahimahulldh) mentioned on this issue in his book
Mashdri' ul-Ashwdq ild Masdri' il- 'Ushshdq which 'AwlakI purportedly has "explained"!?

A further example of 'Awlakl's notions of covenants can be seen in a reactionary article
recently wherein he praised a shooting by a Muslim against his colleagues. The shooting was at
an American military base called Fort Hood in Texas and the shooter was an American Major in
the US army who turned on his colleagues in the US military. Awlakl's article praised the
shooting which led to a storm in cyberspace with some, mainly Muslims in America,
condemning AwlakI with others supporting what was stated by AwlakI, while others oddly
claimed that AwlakI did not write the article, even though it was on his very own blog! In any
case, the whole event revealed the machinations of the likes of AwlakI, as the blog was
immediately taken down! As is the way of Ahl ul-Bida' in trying to cover their tracks. In the
article entitled 'Nidal Hasan Did the Right Thing' dated November 9 2009 CE on Awlakl's blog,
AwlakI states:

" Nidal Hassan is a hero . He is a man of conscience who could not bear living the
contradiction of being a Muslim and serving in an army that is fighting against his
own people. This is a contradiction that many Muslims brush aside and just
pretend that it doesn't exist. Any decent Muslim cannot live, understanding
properly his duties towards his Creator and his fellow Muslims, and yet serve as a
US soldier. The US is leading the war against terrorism which in reality is a war
against Islam. Its army is directly invading two Muslim countries and indirectly
occupying the rest through its stooges . Nidal opened fire on soldiers who were on
their way to be deployed to Iraq and Afghanistan. How can there be any dispute
about the virtue of what he has done? In fact the only way a Muslim could
Islamically justify serving as a soldier in the US army is if his intention is to follow
the footsteps of men like Nidal. The heroic act of brother Nidal also shows the
dilemma of the Muslim American community. Increasingly they are being
cornered into taking stances that would either make them betray Islam or betray
their nation. Many amongst them are choosing the former. The Muslim
organizations in America came out in a pitiful chorus condemning Nidal's
operation. The fact that fighting against the US army is an Islamic duty today
cannot be disputed. No scholar with a grain of Islamic knowledge can defy the
clear cut proofs that Muslims today have the right - rather the duty - to fight
against American tyranny. Nidal has killed soldiers who were about to be deployed
to Iraq and Afghanistan in order to kill Muslims. The American Muslims who

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condemned his actions have committed treason against the Muslim Ummah and
have fallen into hypocrisy . The inconsistency of being a Muslim today and living in
America and the West in general reveals the wisdom behind the opinions that call
for migration from the West. It is becoming more and more difficult to hold on to
Islam in an environment that is becoming more hostile towards Muslims."
The above article was rapidly and hurriedly removed by 'AwlakI and his followers as is the way
of Ahl ul-Bida' when they try to cover their tracks and after their distortions of the religion have
been exposed. AwlakI also stated in an interview with Abdulelah Hider Shaea, a Yemeni
journalist, as documented in The Washington Post in an article entided 'Cleric Says he was Confindent
to Hasan' on Monday November 16 2009 CE:

"I blessed the act because it was against a military target. And the soldiers who
were killed were not normal soldiers, but those who were trained and prepared to
go to Afghanistan and Iraq."
All of this is a far cry from what AwlakI stated (!!) after 10 minutes and 50 seconds into The Life
o/\\ lubammad (The Medinan Period), track 23:

And a far cry from what AwlakI himself stated (!!!) in a documentary on Ramadan in 2001/02:
"I think that in general Islam is presented in a negative way, I mean there's always
this association between Islam and terrorism when that is not true at all, I mean
Islam is a religion of peace " 1 !?

AwlakI in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masdri' il-'U shshaq,
CD 12, Track 11, himself quotes where Ibn an-Nahhas says (according to Awlakl's
"explanation"):

If the Muslim is weak in the land of the disbelievers and is not able to publically
show his religion then it is haram to live there. If he is unable to emigrate then he is
excused, if the Muslim is strong and able to publically practice Islam then they can
live in the disbelievers' land but it is still recommended to move to a Muslim land.

e 2:45 here: http://www.youtube.com/watch?v=3BgG2ZLm2M8

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Indeed, Ibn an-Nahhas (rahimahulldh) in the complete version of his book Mashdri' ul-Ashwdq iln
Masdri' il- 'Ushshdq mentions more! All of which Awlakl conveniently neglects to mention in his
"explanation". Ibn an-Nahhas states in Mashdri' ulAshwdq ild Masdri' ul-'Ushshdq in the edit of
Idrees Muhammad 'Ali and Muhammad Khalid Istanbul! (first published in 1410 AH/1989 CE
with the Third Edition in Beirut in 1423 AH/2002 CE by Dar ul-Basha'ir), pp.1062-1063 that:
Issue: ar-Rafi'I, an-Nawawi and others state that: if a Muslim is weak within Dar
ul-Kufr and is unable to manifest his deen it is prohibited for him to reside there
and he must make Hijrah to Dar ul-Islam. If he is unable to make Hijrah then he is
excused until he is able. If he is able to manifest his deen out of him being obeyed
by his people or because he has a family protecting him and he does not fear fitnah
in his deen - it is not obligatory on him to make Hijrah, however it is
recommended. If he becomes of them and inclines towards them however it is
obligatory to make Hijrah. The first view is Saheeh. 1
Then Ibn an-Nahhas (rahimahulldh) continues by commenting on all this by saying (p. 1063):
The Madhhab of Ahmad is in agreement with all that has preceded, an-Nawawi
says: "the author of al-Hawi said: if he manifests Islam there by his residing there
then it is better that he resides there. If he is able to stay away (from fitnah in his
deen) while in Dar ul-Harb then he must reside there, as where he is (over there) is
Dar ul-Islam and if he migrates it will become Dar ul-Harb and this is prohibited. 2
Secondly, according to Awlakl and his minions, a Muslim within the US army is no longer a
Muslim any more anyway and is in fact a kafir! It was odd to see hardcore Takfirists and Jihadists
suddenly extolling the virtues of the shooter Major Nidal Hasan as if he has redeemed himself by
the act, according to them! This demonstrates their corrupt understanding of Islam and their
weak basis, along with them following their own desires. How can a person who goes against the
Sharee'ah, by breaking a covenant without notice or clarity, be deemed as a "hero" who has
performed a "heroic act"? Not to mention the fact that the day before he was happily mingling
and associating with them with no sign of animosity towards them whatsoever! Thirdly, to attack
those who are not aware of any aggression, and after they have affirmed that they have safety
and security from you, it is not allowed in Islam to then turn on them without manifesting the
aggression. Ibn Abbas is also reported to have said, as recorded in Kifdb nl-)ihddoi al-Mmmtta' 'of
Imam Malik:

1 Imam an-Nawawi, ar-Rawdat ut-Talibeen (al-Maktab al-Islami), vol.10, p. 282

2 Ibid.

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Yahya related to me from Malik from Yahya ibn Said that he had heard that 'Abdullah ibn
'Abbas said, "Stealing from the spoils does not appear in a people but that terror is cast
into their hearts. Fornication does not spread in a people but that there is much death
among them. A people do not lessen the measure and weight but that provision is cut off
from them. A people do not judge without right but that blood spreads among them. A
people do not betray the covenant except that Allah gives their enemies power over
them ."

Furthermore, passports, visas and residency permits in the current era are taken as covenants of
safety and security, as affirmed by scholars of the past. The fiuquhd of the era have formed the
view that these procedures which are implemented by states in this manner represent an 'Aqd ul-
Amdn [Agreement of Safety and Security] which was mentioned by the scholars of the past. This
is based on the principle of al-'Adatn \ liihukkcw/citiin | 'custom is the basis of judgement'] 1 and the
fiqh principle: 'the example is by motives and meanings not via words and deductions'. What is
worth mentioning is that this is for a Muslim when he enters a disbelieving country, or for when
a non-Muslim enters the Muslim abodes. 2 This is again where we come across' Awlakl's selective
perception of jihad, as the classical scholars of jihad such as Ibn ul-Munasif (563-620 AH/1168-
1223 CE) have noted that this is not allowed. Ibn ul-Munasif states in Kitiib nl-liijm} // , \birdb 11-
\ibnth

As for writing and the indications and the likes that it contains, then all of that are terms and
understandings which are no different to spoken words. 3 The ruling of this takes into account
meanings and understandings not mere words. What affirms this is that the Messenger of Allah
(sallalldhn 'alayhi wassallam) wrote to the kings of kufr calling them to Islam and signalled to his
companions. Also the signal that was given in regards to the Jewish person who hit a girl with two
stones. She signalled with her head (i.e. nodded) when she was asked as to who the culprit was and
when the name of the culprit was mentioned a third time she said: yes and nodded with her head,
then the Messenger of Allah had the culprit executed for his crime via the use of two large stones.

1 Courts which are based on the Sharee'ah and the fuqaha base their judgements on customs which are not
explicitly found within the sources of the Book and the Sunnah, this is as long as the custom is something which is
contemporary and common among the people and is not in conflict with the Sharee'ah.

2 For a detailed study of this refer to Shaykh Mashhur's study of this here:
http://www.salafimanhaj.com/pdf/SalafiManhai Covenant

3 In the Muwatta' Imam Malik (rahimahullah), when asked whether safe conduct promised by gesture had the
same status as that promised by speech, said:

"Yes. I think that one can request an army not to kill someone by gesturing for safe
conduct, because as far as I am concerned, gesture has the same status as speech."

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The hadeeth was reported by Muslim in his Saheeh. 1 All of this is clear evidence and a lucid proof
of the Divine Legislation fulfilling acting upon understandings. If a Muslim does not intend to
grant the covenant of security that the (non-Muslim) combatant thinks he has due to what the
Muslim done which appears to be a covenant, yet the combatant is assured (that he has a covenant
of security) - then the sanctity of a covenant of security is granted to the combatant. As for
fulfilling what the combatant thinks (is a covenant of security) or granting him safe passage without
attacking him, after he thought that he has a covenant of assurance and security anyway which
insured that he would not killed or imprisoned, then Allah says,

"If you [have reason to] fear from a people betrayal, throw [their treaty] back to them,
[putting you] on equal terms."

{al-Anfdl (8): 58}

Allah instructs to inform them of any rejection of what they thought they had agreed to which
insured their security and trust. It is not permissible to attack them until they know with
insight what their affair is and they are warned, this was the origin for everything that the
people of kufr felt was a covenant and a trust from the Muslims.

As for the one who indicates in a way in which a covenant of security is sensed or does something
which apparently establishes a covenant of security yet does not intend to give (a trust of
covenant), then he falls into one of two condi tions:
♦♦♦ Either he was inattentive and did not intend to grant a trust or covenant of security thus did not
adhere to the assurance at all, then in which case he was still a cause for assuring (the combatant).
As a result, the Muslim has to maintain this trust as he was the cause for (the combatant thinking)
that he had a trust.

V Or he pretended to give a covenant and trust on purpose knowing that he does not intend to grant
security whatsoever. All he wishes to do is delude the person in order to gain power over the
person, this is the basis of treachery and betrayal is haram according to the consensus. For

this reason 'Umar bin al-Khattab (radi Alldhu 'anhu) promised what he did and there is no known
difference among the Muslims in regards to the prohibition of treachery and betrayal. We will
clarify insha'Allah the difference between the deception which is allowed during warfare and the
treachery which is not allowed in regards to the trust and covenant of security. 2

1 In Kitab ul-Qasamah wa'l-Maharibeen wa'l-Qisas wa'd-Deeyat [The Book of Oaths, Combatants, Retribution
and Blood-Monies], (Bab Thabut ul-Qisas fi Qatl bi'l-Hijarah wa Ghayruhu), vol.10, p. 1672, on the authority of
Anas bin Malik (radi Alldhu 'anhu). Al-Bukhari also reported the hadeeth in many instances within his Saheeh:
hadeeth nos. 2413, 2746, 5295, 6876, 6877, 6879, 6884 and 6885.

Translator's Note: The hadeeth is also reported by Imam Bukhari in his Saheeh (Kitab ud-Diyat) on the
authority of Anas.

2 Kitab ul-Injad, vol.2, pp.309-310

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Then Ibn ul-Munasif states, explaining the difference between khuda' (deception in warfare) and

the likes of khijdnah (treachery) and ghadr (betrayal):

Deception and plotting during w arfare via administrative planning is a well-known practice and an
affirmed tradition. However, maybe some who we see are confused over the conditions which they
think permit the deception that is allowed during warfare. We thus viewed that we clarify the
differences. We say: the obligation to fulfil (trusts and promises) is verified and so is the warning of
betrayal, the restricted descriptions of covenants or security are also affirmed. Yet with this, the
Prophet's statement allowing deception during warfare is also affirmed. It is clear however that the
permitted deception is: whatever is referred back to proficient consideration and
administrations of obscure war plans and views which are unbeknown to the enemy or
which the enemy are heedless of. Anything which resembles such plans in order to weaken
the enemy fall into this type, as long as a trust of security is not presumed and does not
include people feeling that they had such a trust at any given time. Scheming (against those
who think they have trust), dissolution (of the trust or covenant) and hatching plots (against those
who think they have a trust or covenant) are all included within this. Digression at the time of
fighting and sei2ing an opportunity to attack is likewise included (as impermissible actions towards
those who think they have a trust or covenant). Also from what is not included (as being legitimate
and permissible deception during war) is for the Muslim to make it seem as if he is with the enemy
or on the same religion as them or that he has come to advise them (when he really wants to attack
them). If they (the enemy) are found to be inattentive then this is included as being a trust or
covenant, because the enemy feels that they have mutual peace and harmony from the Muslim and
they allow him to live among them, in such an instance it is not permissible for the Muslim to be
treacherous. So the main difference (between deception during warfare and the treachery which is
not allowed within granting covenants to non-Muslims) is that we have given him assurance that
we have entered a covenant of security. He (the non-Muslim) goes with a sense of mutual peace
and harmony (with the Muslim) and thinking that all of that will be fulfilled, trusting the Muslim
due to what the Muslim manifested to him. He (the non-Muslim) was not taken in due to a change
in the situation rather (this assurance) came from the Muslim's treacherous manifestation of
friendship to him, hereby committing treachery. In the issue of plotting and deception his
assurance (without clearly achieving it from the other) was only due to his own negligence and

deficiency of the other and the likes which reflects his irresponsibility without any ascribing

treachery to the other (who gave no indication of there being any assurance of security). This is
clear, alhamdulillah.

The issue can at times apparently resembles the matter of Aman (security and safety) and at other
times the matter of permissible plotting. There is no differentiation except in the different
instances of the enemy's assurance based on the regulations that we have drawn up. For if a
Muslim man observed a Harbi in a certain direction of enemy land or elsewhere and manifested to

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him that he has thrown down his weapon, and walked towards the direction of warfare, indicating
that he has seen him, going towards him as if he is surrendering or making peace with him, and the
likes, then the other (i.e. the Harbi) will be assured of this; until the Muslim achieves his goal (of
killing the Harbi) - then this is deception which is not permissible, for it (what he has done) is a
covenant (Aman). Also, in another example, even if the Harbi, who is negligent, sees what he (the
Muslim) is doing by putting down his weapon and walking towards the direction of the Harbi, as in
the first example, the Muslim may just manifest that he is unaware of the Harbi so that the Harbi
does not feel that the Muslim has seen him and is going towards him in peace. However, the
Muslim deludes him into thinking that he is unaware of where the Harbi is. This action of his is the
action of one who removes his weaponry so as to rest, if he is assured when doing that, until the
enemy feels assured due to what he has been deluded as thinking is the Muslim's heedlessness, not
out of feeling there is a trust from him — then this is permissible. 1 This is classed as Tmvriyah
(trickery) and Makeedah (plotting) both of which are neither connected to treachery nor Aman
(sanctified safe-passage,), and \lkih knows best. 2
Ibn an-Nahhas (rahimahulldh) also states in Mashdri' ul-Ashwdq ild Masdri' il-'Ushshdq (!!) in the edit
of Idrees Muhammad 'Ali and Muhammad Khalid Istanbul! (first published in 1410 AH/ 1989
CE with the Third Edition in Beirut in 1423 AH/2002 CE by Dar ul-Basha'ir), pp.1060-1062:
Indicating a covenant of safety and security to a Mushrik is taken as an Aman
(covenant of safety and security) according to Malik and ash-Shafi'I. 3 The author of
al-Mughni states: "If he (i.e. the Muslim) indicates towards them with what they
view as an Aman and then (the Muslim) says "I did not intend an Aman" then this
is just his word (the Aman remains)." 4

Issue: an-Nawawi says in ar-Rawdah, in following ar-Rafi'I: "An Aman made with
every word indicates a clear objective and is also made by ambiguous implication
(kinayah). What is a clear objective is: "I grant you protection" or "you are
protected" or "I have granted you safety" or "you are safe and secure" or "you are
in my safety so no harm will come to you" or "do not fear" or "do not be scared" or

1 Translator's note: meaning that it is allowed to feign ignorance as a tactic, but it is not allowed to fake an
agreement or trust. So for example, a tactic would be to play dead allowing one's enemy to get close after which
one could harm the enemy. But it would not be allowed to claim surrender only to then kill the enemy when one is
close to them, this is betrayal and treachery.

2 Kitab ul-Injad, pp.311-313

3 Muhammad ash-Shirbini al-Khateeb, Mughni ul-Muhtaj ila Ma'rifat Ma'anl Alfadh il-Minhaj (Maktabah al-
Islami), vol.4, p.238.

4 Ibn Qudamah, al-Mughni, vol.10, p. 559

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"do not be frightened" or says it in a foreign language by saying "Matars". 1 By
Kinayah (ambiguous implication) is to say: "you are as you like" or "be how you
will". An Aman is also established by writing or messaging, whether the messenger
is a Muslim or disbeliever. Or the Aman can be by a sign which is understood by
one who is able to speak. This is a broad subject. As for the one who was assured
(the Mu'amman), with a fatha on the meem, then he must know about this and the
news of the Aman must reach him. If this does not reach him then there is no
Aman for him. If a Muslim was to then kill this (Harbi) then this is allowed and his
(the Harbi) verbal acceptance it is not a condition (if the Aman does not reach
him). Rather an indication and a sensed sign are sufficient as acceptance (from the
Muslims), or the kafir says "I have accepted your covenant but I do not grant you
trust so beware". The Imam said: "he has rejected the Aman" because the Aman is
not confirmed by one side without the recognition of the other. If the Imam
(Muslim leader) views there is a Maslahah (benefit) in allowing the entry of traders
and says "whoever enters for trade is safe and secure" - then this is allowed. 2

The word 'Mattars' is a Persian word relayed in some narrations in the Musannaf of Ibn Abl Shaybah in the Book
of Jihad in the section on the definition and description of granting Aman. It has been relayed as being 'Matars',
'Mattars', 'Matras' and 'Mattaras' and it all means 'do not be scared, you are safe'.

In this section there are seven narrations relayed on the issue of granting and accepting covenants of safety and
security. The first narration in the section (no. 34082) is: Abbad bin al-'Awwam narrated to us from Husayn
from Abu Atiyyah who said: 'Umar wrote to the people of Kufa saying: "It has been mentioned to me that
the word 'Mattars' in the Persian language signifies assurance and safety so if you say it to
those who do not speak your (Arabic) language then it signifies Aman."

Another narration (no. 34085) is: Waki' narrated to us: al-'Amash narrated to us: from Abu Wa'il who said: "the
letter of 'Umar reached us and we were in Khaniqeen (in eastern 'Iraq, south of the Kurdish regions and near the
Iranian border): if a man says to another "la tadhul (do not be scared)" then he has granted him safety and
security. If a man says to another: "do not fear" then he has granted him safety and security. If he says
"matras" then he has granted him safety and security, because Allah knows all languages."

See al-Musannaf li Ibn Abi Shaybah: al-Imam Abu Bakr Abdullah bin Muhammad bin Abi Shaybah alAbsi al-
Kufi (159-235 AH), ed. Muhammad Awwamah (Jeddah, KSA: Dar ul-Qiblah li'th-Thaqafat il-Islamiyyah, 1427
AH/2006 CE), vol.18, pp.108-116.
2 An-Nawawi, ar-Rawdah, vol.10, pp. 279-280

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Similar to this was also mentioned by Ibn ul-Juzayy (rahimahulldh) in al-Qawdneen ul-Fiqhiyyah
towards the end of Kitdb ul-Jihdd. Ibn an-Nahhas above also referred to Ibn Qudamah
(rahimahulldh) and what he said in al-Mughm, 1 what Ibn Qudamah stated was:

^JL^j ^ j jJS> Aj^ j£ |I IJLa CJ lilj U23U t)lT bibii Jb»b

...and as for betraying them, then it is haram (prohibited), because they gave him
the covenant of safety and security on the condition that he will neither betray them
nor harm them, and even if this was not written therein as it is known contextually.
Thus, whoever gained a covenant of safety and security into our countries and
betrayed us then it is as if he withdrew his covenant. And thus, if this was true, then
it is prohibited to betray them, because our religion prohibits betrayal. In this
respect, the Prophet (sallallahu 'alayhi wassallam) said:

"the Muslims must stick to their conditions" 2

Ibn Qudamah here was himself commenting on what was stated by al-Khirqi al-Hanball
(rahimahulldh) when al-Khirqi said:

It is found in the text of al-Khirqi al-Hanbali: 'Whoever enters the land of the enemy
should not betray them (betray the covenant or agreement with them).'

1 In Kitdb ul-Jihdd, Mas'alatMan DakhalaArd ul-'Aduw bi-Amdn [The Issue of Entering the Land of the Enemy
with an Agreement/Covenant of Safety and Security].

2 Hasan Saheeh; reported by Abu Dawud (3594) from Abu Hurayrah; at-Tirmidhi (1352) from Amr Ibn Awf al-
Muzam; and our sheikh classified Saheeh therein, while al-Bukhari reported it ta'leeqan (without a chain of
narrators), and so in case one betrays them, steals from them, or borrows anything, then he should give back
what he took. See al-Mughni, vol.10, p.507

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Al-Marghiyani stated in al-Hiddyah:

"If a Muslim enters Dar ul-Harb as a trader, then he is like a Muslim who is
Musta'min in Dar ul-Harb, and it is therefore not permissible for him to dishonour
them in anything in terms of their wealth and blood as he is within Isti'man which
necessitates he does not dishonour them. If he dishonours them after this then this
is betrayal and betrayal is haram." 1
Our Shaykh, Mashhur Hasan (hafidhahulldh) thus states:

Based upon this it becomes clear to us the accuracy of what has been
acknowledged by the 'Ulama of our era in regards to the prohibition of wreaking
havoc, hijacking airplanes and killing non-Muslims in their lands which is
committed by some young Muslims who enter those lands with Aman (safe-
passage and security), 2 in the form of entry-visas. For this is an example of betrayal
and treachery, the prohibition is intensified when it is ascribed to the Sharee'ah
and considered as being from "Jihad", as they claim! 3
It was mentioned in the acknowledgement of the Council of Senior Scholars stated in regards to the
Riyadh bombings 4 of 1424 AH 5 that which certifies the accuracy of our previous words. They
state, after explaining the prohibition of transgressing against people such as Mu'ahadeen, Ahl
udh-Dhimmah and Musta'maneen and relaying the texts in regards to this, that:

The intent is that whoever enters with a covenant of security or an agreement from the leader
based on a benefit that he sees fit then it is neither permitted to dishonour such a person nor
transgress against him or his wealth. If this is clear then the bombing which occurred in the city of
Riyadh is prohibited and not acknowledged by the religion of Islam whatsoever. The
impermissibility of it is from two angles:

1 Kitdb us-Siyar, Bab ul-Musta'min

2 And if they are Mu'ahadeen then the opposition to the Sharee'ah would be from two angles, like a person who
steals pork and eats it!

3 From the edit of Shaykh Muhammad bin Zakariyya Abu Ghazi and our Shaykh Mashhur Hasan Al Salman to
Imam al-Mujtahid Abu Abdullah Muhammad bin 'Isa bin Muhammad bin Asbagh al-AzdT al-QurtubT (aka Ibn
Munasif), Kitdb ul-Injad fiAbwdb il-Jihad (Beirut: Mu'assasah ar-Rayan, 1425 AH/2005 CE), vol.1, pp. 63-81.

4 On the evening of 11/3/1424 AH

5 Reported in the paper al-Jazeerah, no. 11186, Thursday 14 Rabee' al-Awwal 1424 AH.

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1. The action transgresses on the sanctity of the Muslim lands and breeds fear among those living in
security within them.

2. The action involved killing souls which are sanctified within the Islamic Sharee'ah.

3. The action causes corruption on the earth.

4. The action includes taking sanctified wealth.
They also stated:

The Council of Senior Scholars therefore clarifies the issue in order to caution the Muslims from falling
into prohibited and destructive matters and so as to caution them from the plots of Shaytan. For
Shaytan entices the servant until he makes him fall into destruction either via ghuloo fi'd-deen
(religious extremism) or by turning away from the deen and fighting against it, Allah's refuge is
sought. Shaytan does not care via which means he gains triumph over the servant as both the path
to extremism and aversion are ways of Shaytan which both lead the person to gain the Anger of ar-
Rahman and His punishment.
They also stated:

Also, all should know that the Islamic Ummah today is suffering from the incursion of the enemies
from all sides and they are pleased with any means which facilitate their control over the people of
Islam, their humiliation and exploitation of their mineral wealth. So whoever helps them in their
aims to conquer the Muslims and the Islamic lands has co-operated in helping the degradation of
the Muslims and the dominance over their lands, and this is of the gravest crimes. It is thus
obligatory to attach importance to Shari' knowledge based on the Book and Sunnah and in
agreement with the Salaf of the Ummah as taught within the schools, universities, Masajid and
media oudets. Likewise, it is important to attach concern to commanding the good and forbidding
the evil and to mutually advise to good. For there is a need, or rather a necessity now because the
time more than ever demands it, for the Muslim youth to have good opinion of their 'Ulama and
take knowledge from them. The youth also have to know that the enemies of the deen wish to cause
a gulf between the Ummah's youth and their 'Ulama and leaders so that their power will be
weakened so as to facilitate their control over them all - so it is obligatory to pay concern to this.
May Allah protect all from the plots of the enemies and it is upon the Muslims to have taqwd of
Allah secretly and publically, and to make a sincere truthful repentance unto Allah from all sins for
no calamity descends except due to sins and the calamity is not lifted except by tawbah. We ask
Allah to rectify the condition of the Muslims and to avert all evil and harm from the Muslims'
lands. And may prayers and peace be upon our Prophet Muhammad, his family and his
companions.

Al-'Allamah Shaykh 'Abdul'Azeez bin Baz (rahimahulldh) was asked: "What is the ruling of
transgressing against foreign tourists and visitors in Islamic lands?"

Answer:

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This is impermissible, transgression against anyone is not allowed whether against
tourists or workers because they are Musta'minun (non-Muslims who have
agreements of safe-passage in a Muslim land) and they have entered with an
agreement ('Ahd) hence it is impermissible to transgress against them. Rather, the
state should be advised so as to prevent them from that which should not
manifested. As for transgression against them then this is impermissible, as for an
individual then it is not upon him to kill, beat or harm them. Rather it is upon him
to raise the matter to those in authority as transgression against them is
transgression against a people who have entered a land with an agreement ('Ahd)
and it is impermissible to transgress against them. Rather their situation is to be
raised with those who are able to prevent their entry or is able to prevent their
apparent evil. If they are Muslims then it is sought-after to advise them and call
them to Islam or advise them to leave evil via referring to the Shad' proofs, Allahu
Musta'an, wa la hawla wa la quwwata ila billah. May prayers and peace be upon
our Prophet Muhammad, his family and his companions. 1

Imam Bin Baz (rahimahulldh) was also asked:

Some youth think that harming the kuffar, including citizens within an Islamic
country or those who travel to the Islamic country, is from the Shar'. For this
reason, they make it permissible to kill them if they see that which they dislike.

Answer:

It is neither allowed to kill the disbelieving citizen or the Musta'min who is a visitor
who the state grant entry and safe-passage to, nor to kill sinners or transgress
against them. Rather whatever evil occurs from them is to be referred back to the
Divine Legislation and what the Sharee'ah Courts view as being applicable.

The questioner then asks: "What if there are no Sharee'ah courts?" Answer from the Shaykh

(rahimahulldh):

If there are no Sharee'ah courts then advice only, advice to those in authority, guiding
them to good and co-operating with them so that they judge by Allah's Shar'. As for the
one commanding the good and forbidding the evil raising his hand to kill or hit anyone
then this is not allowed. However, one should co-operate with those in authority in a way
which is closer to righteousness so that they judge by Allah's Shar' in regards to Allah's
servants. If not then it is wajib to give advice and guide towards good and reject evil in a
way which is closer to goodness. This is obligatory, Allah says

1 Imam Bin Baz, Majmu' al-Fatawa wa'l-Maqalat, vol.8, p. 239

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

"Fear Allah as much as you can..."

{Taghdbun (64): 16}

For his forbidding the evil with his hand via killing or beating will no doubt result in more
evil and corruption. 1

Shaykh al-'Allamah al-Faqeeh Muhammad bin Salih al-'Uthaymeen (ra/j////a/j////a/j) stated in a
Jumu'ah Khutbah in regards to the Khobar bombings, wherein he relayed many texts in regards
to Aman (agreements of safe-passage and security) 2 :

Based on this, the kuffar here have an Aman which is sanctified and their blood is sanctified, hence
you see the error of the bombing which took place in Khobar 3 at the compound which housed
those whose blood and wealth is inviolable. Eighteen people were left for dead and 386 people
were injured including Muslims, children, women, elderly and the youth. Wealth and property was
destroyed in that attack and there is no doubt that this incident is neither acknowledged at all in the
Shar' [Divine Legislation of Islam] nor by the intellect or natural disposition. As for the Shar' then
you have heard the Qur'anic and Prophetic texts which indicate the obligation of respecting
Muslims in regards to their blood and property, and likewise respect for the kuffar who have
contracts of protection or promises or contracts of Aman (safe-passage and security). Respect for
those Mu'ahadeen, Musta'maneen and Dhimmiyeen is from the good qualities of the Islamic
religion and this respect for them depends on the agreements with them and this does not
necessitate love, (religious) allegiance or (religious) support for them, rather it is fulfilment of
trusts, Allah says:

As for the intellect then the intelligent person does not deal with anything prohibited because he
knows the evil consequence of that and the punishment, and he does not deal with anything
permitted until its consequence and what it involves has become clear to him. The Prophet

(sallalldhn 'aim ' • i said II / believes in Allah and the Last Day then let him say good or keep
quiet. " 4 He (sallalldhn 'alayhi wassallatn) made Iman's perfection that a person only say that which is

1 Imam Bin Baz, Majmu al-Fatawa wa'l-Maqalat, vol.8, p. 207; also see vol.i, pp. 276-280 in his fatwa on
'Hijacking Planes and Terrorising People who have safe-passage.'

2 Which are also relayed by Ibn ul-Munasif in the first section of Chapter Six of Kitdb ul-InjadfiAbwab il-Jihad.

3 On Wednesday 10 th Safar 1417 AH/26 June 1996 CE.

4 Reported by al-Bukhari (hadeeth no. 6018) and Muslim (hadeeth no. 74) from Abu Hurayrah (radi Allahu
'anhu).

"Indeed, the commitment i;

ret [that about which

{al-Isrd' (17): 34}

will be] questioned."

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good or otherwise keep quiet, likewise it can be said: from Iman's perfection is for a person to do
good or otherwise restrain themselves. There is no doubt that this evil (terrorist bombing)
operation is based on a number of corrupt aspects which we will mention according to what Allah
facilitates. As for this evil action (i.e. bombing) opposing the fitrah (natural disposition) then all
who have a natural sound disposition hates transgression towards others and views that as being
evil, for what was the sin of those Muslims who were injured in the attack? What was the sin of
those who were safe in their beds in their homes that led to them being injured in this painful
incident? What was the sin of those Mu'ahadeen and Musta'maneen? What was the sin of those
children, old people and frail people? This was an unjustified atrocity!! Its corrupt aspects are the
following:

FIRST: It contains disobedience to Allah and His Messenger, and it contains transgressing Allah's
prohibitions. It also leads to the curse of Allah, the angels and all the people 1 and nothing will be
accepted from the one who committed the atrocity.

SECOND: It distorts the image and reputation of Islam for the enemies of Islam will exploit such
atrocities to further their distortion of the image and reputation of Islam and make people flee
from Islam. This is even though Islam is innocent from these actions as the manners of Islam
inculcate: truthfulness, piety and trust, and the Islamic religion sternly warns against such (evil

THIRD: Fingers, from inside and outside, will point to this atrocity and brand it as being an
action of those committed to Islam. Even though we know for sure that those who are committed
to the Sharee'ah of Allah in reality would neither do such actions nor be happy with such actions at
all. Rather they (those truly committed to the Sharee'ah) free themselves from such actions and
denounce them unequivocally because the one who is truly committed to the Allah's deen is the one
who establishes Allah's deen according to how Allah wants and not according to his own desires
which are based on emotion and a deviant methodology. Committal to the deen in accordance with
the Sharee'ah is abundant with our youth and all praise is due to Allah.

FOURTH: Many of the common people who are ignorant of the reality of committal to Allah's
deen will look at many of those who are committed to the deen and distance themselves from them. 2
They will have enmity, fear, caution and warning vis-a-vis those who are committed to the religion,
as we hear from some of the ignorant common people who warn their children from being
committed to the religion especially after they witnessed the Riyadh bombings.
FIFTH: It causes chaos in this country which should actually have the most security and safety of
all lands of the earth because it includes Allah's House which He made a sanctuary for the people

1 Translator's note: hence, the advocates of such terrorist actions end up being thrown into the jails of the
kuffar with neither constructive repercussions of their beliefs nor positive outcomes resulting from their methods.

2 Translator's note: This is a common manifestation in Muslim countries in particular, such as in Morocco and
other countries.

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as it contains the Ka'bah which Allah gave a standing to people with which their deen and dunya is
rectified. Allah says

"And [mention] when We made the House a place of return for the people and [a place of]
security."

{Baqarah (2): 125}

And Allah says,

"Allah has made the Ka'bah, the Sacred House, standing for the people..."

{al-Md'idah (5): 97}

And it is well-known that people do not pray towards this Sacred House except via passing
through this land from one of its directions.

SIXTH: The taking of life and wealth and the harms that have come to lives and wealth as people
see in the media. Hearts blown up, livers disintegrated and tears flowing when one sees children on
hospital beds injured in their eyes, ears, hands, legs or other parts of their bodies. Is there anyone
who condones or is pleased with such (terrorist) actions? I do not know what they want with these
attacks, do they want rectification? Rectification does not come about by such actions for evil does
not bring about good and evil means are not a route to rectification whatsoever. 1
The respected Shaykh Salih al-Fawzan was asked:

"Some have given rulings permitting the killing of Americans all over the world
saying that they (the Americans) are "warring" (against Islam and Muslims), what
do you say about this respected Shaykh?"

Answer:

This Mufti is an ignoramus! Because there is some detail (that needs to be
acknowledged) in this issue. So those whom we have made agreements with and they have
entered our lands with agreements ('Ahd) and safe-passage (Aman), or whom we have
employed to do work which we are in need of - fhey are under our agreement and
protection and it is neither permissible to betray (the trust) with them nor kill them. The
states with which there is an agreement between us and them, along with diplomatic
representation, it is impermissible to betray them. The kuffar (non-Muslims) who enter our
countries with our permission it is not permissible to betray them. Allah says

1 At-Tahdheer min at-Tasarru'fi't-Takfeer, pp. 53-65

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

"And if any one of the polytheists seeks your protection, then grant him protection
so that he may hear the words of Allah. Then deliver him to his place of safety."

{at-Tawbah (9): 6}

It is not permissible to betray those who enter Muslim countries with the permission of
the Muslims, or those who the Muslims employ, it is not permissible to make such
pronouncements. The Harbl is the one whom we have no agreement or covenant of
security and safety with - this is the Harbl. 1

Shaykh Salih al-Fawzan was also asked:

"Are there any kuffar (disbelievers) in these (Muslim) countries whom it is
permitted to kill or assassinate? Especially because there are those who permit this
action based on the hadeeth of the Prophet (sallallahu 'alayhi wassallam): "Expel
the Mushrikeen from the Arabian Peninsula.""

Answer:

If a disbeliever enters (the country) with an agreement from the one in authority or
he came in order to fulfil something of importance and then leave - then it is not
permissible to transgress against him. Islam is a religion of honouring trusts and it
is not a religion of betrayal or treachery, it is impermissible to transgress against
the disbeliever who we have an agreement with and is under our safety. The world
should not speak about Islam being a religion of betrayal and of reneging on
agreements, this is not from Islam. As for the saying of the Prophet (sallallahu
'alayhi wassallam): "Expel the Mushrikeen from the Arabian Peninsula" 2 this
hadeeth is Saheeh. However, it does not mean kill those who are Mu'ahad and
Musta'min and under our covenant. Rather, this is for the Yahud and Nasara who
do not have agreements and covenants with the Muslims. 3
Yet, for Awlakl and his minions all of this is irrelevant as he makes takfeer of all of the Muslim
countries today including Saudi Arabia. 4 'Awlakl says in his "explanation" of Ibn an-Nahhas'
book Mashdri' ul-Ashwdq ild Masdri ul-'U shshdq, CD 12, Track 10:

1 From the audio Fatawa al-'Ulama fi'l-Ahdath ir-Rahinah allati Hadathat bi-Madeenat ir-Riyddh, in the book
al-Fatdwa ash-Shar'iyyahfi'l-Qaddyd al-'Asriyyah, p. 124.

2 Reported by al-Bukhari (hadeeth nos. 3168 and 3053) and Muslim (hadeeth no. 1637) from the hadeeth of Ibn
'Abbas (radiAlldhu 'anhumd).

3 From the audio recording entitled Mu'dmalat ul-Kuffdr [Dealing with the Disbelievers].

4 In an article in October 2009 CE which was on his now defunct blog, 'Awlakl stated:

"The rulers in the Arabian Peninsula are playing a central role in the fight against Islam
especially the al Saud family. The al Saud of today is the Abdullah bin Ubay of yesterday."

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"If enemy soldiers enter the land of the Islam without an agreement then it is
allowed to kill them and take their property. Or if they enter with an agreement that
is signed by a Murtad government ."

Clear proof of 'AwlakI following his desires! Ibn an-Nahhas does not mention the quote above
from 'AwlakI, which we have underlined, about "Murtad governments". Why did 'AwlakI
therefore add it in? Why did he make out as if it was Ibn an-Nahhas' words when Ibn an-Nahhas
does not mention that in Mashdri' ul-Ashwdq ild Masdri ul- 'Ushshdq? Why did he tamper with the
words of Ibn an-Nahhas and add what Ibn an-Nahhas did not say? Ibn an-Nahhas in Mashdri ' ul-
Ashwdq ild Masdri ul-'XJshshdq in the edit of Idrees Muhammad Ali and Muhammad Khalid
Istanbul! (first published in 1410 AH/1989 CE with the Third Edition in Beirut in 1423
AH/2002 CE by Dar ul-Basha'ir), pp. 1054-1056 does discuss the issue of not allowing entry to
enemy troops into the Muslim territories and abodes. Ibn an-Nahhas also refers to the words of
Ibn Qudamah, Ibn AbdisSalam, Ibn Wahb, Imam Malik, As-hab, Ibn Rushd and others. Yet
what is clear from their evidences firstly is that the leader of the Muslims gives his view on these
enemy troops who enter without Aman. Yet as 'AwlakI does not recognise any of the Muslim
leaders of the world today as being in authority he bypasses them by thus branding them as
being apostates!

Furthermore, scholars of the past also allowed the use of non-Muslim, kuffdr and mushrik
forces to be drafted upon for Muslims, if there is a benefit (maslahah) in that for the Muslims.
Such as:

■ Imam ash-Shafil (rahimahulldh)

■ Imam Ahmad ibn Hanbal (rahimahulldh)

■ Imam Abu'l-Qasim al-Khirql (rahimahulldh)

■ Imam Abu'l-Hasan as-Sindl (rahimahulldh)

■ Imam Bin Baz (rahimahulldh)

■ Imam Ibn 'Uthaymeen (rahimahulldh)

Therefore, this shows that the issue of drafting kuffdr forces is something which was said by
scholars in the past and the scholars who also ruled this in the present era were thus preceded in
their rulings. Ibn Qudamah al-MaqdisI (rahimahulldh) stated in al-Mugni (vol.13, p. 98):

Help is not to be sought from a mushrik, this is what Ibn al-Mundhir, al-Juzajani
and a group of the people of knowledge. There is present from Ahmad what
indicates the permissibility of gaining assistance from them (i.e. mushrikeen) and
the statements of al-Khirqi also indicate that, if there is a need and this is the
school of thought of Shafi'i.

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Imam an-Nawawt stated in his explanation, vol.1 1-12, p.403, under hadeeth no.4677:

His saying (sallallahu alayhi wassallam): "Go back, for I do not seek help from a
mushrik; and it is mentioned in another hadeeth that the Prophet (sallallahu alayhi
wassallam) sought help from Safwan bin Umayyah before his Islam, as a result
some scholars give the first hadeeth precedence over the second one. Imam Shafi'i
and others said: If the disbeliver has good opinion of the Muslims and the need has
come to utilize him, of not then he is disliked. So these two hadeeths are taken in
light of two circumstances.

Shaykh as-Sindl stated in his explanation of the hadeeth "I do not gain assistance from a mushrik ", from

the Sunan Ibn Mdjah (vol.3, p.376, under hadeeth no.2832):

It shows that gaining assistance from a mushrik is haram without a need. But if
there is a need then it can be done as an exception and this is not opposed. 1

AWLAKI INSINUATES THAT THE UK AND US IS DAR UL-HARB
AND THEREFORE MUSLIMS CAN EXTRACT AL-FAV FROM
THESE LANDS, BUT NOT GHANEEMAH!!?

'AwlakT in his "explanation" of Ibn an-Nahhas' book Mashdri' ul-Ashwdq ild Masdri' il-'U shshaq,
CD 1 3, Track 3, states when answering a question from someone in the audience about whether
this country (UK) is Dar ul-Harb and if Ghaneemah can therefore be taken from it:

"The second issue: taking Ghaneemah from Dar ul-Harb and whether these areas
would be classified as Dar ul-Harb. I think that for us the issue should be beyond
having second thoughts on whether this is Dar ul-Harb or not. I don't think there's

1 Bandar bin Na'if bin Sanahat al-'Utaybi, Wa Jadilhum Bilati Hiya Ahsan, Munaqishatun 'Ilmiyyatun
Hadiyyatun li-ig Mas'alatin Muta'alaqatin bi-Hukkam il-Muslimeen (Riyadh: Maktabah 'AbdulMusawwir bin
Muhammad bin 'Abdullah, 1427AH/2006 CE, Fourth Edition), pp.38-42

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even time for us to discuss the evidences for that. It's an issue which is beyond
discussion, it should be clear and it should be common knowledge and the straw
that broke the camel's back is 'Iraq, but that's just a straw. So from a fiqh point of
view, from a fiqh point of view, there is no issue here with the legality of taking
Ghana'im, from a strictly Sharee'ah point of view . However, that statement needs
to be studied from a fiqh point of view and a strategic point of view."
So here 'AwlakI has given a ruling about the UK and US being Dar ul-Harb, albeit by allusion,
and that according to him: "there is no issue here with the legality of taking Ghana'im,
from a strictly Sharee'ah point of view". Then 'AwlakI continues by saying however that:
"...only a Jama'ah can take a decision in these areas." Hereby negating any role of the
Muslim leaders at all and then deferring the rules and regulations on this to takfrrl-jihadl
ideologues!? Then 'AwlakI says:

" All of such money needs to be dealt with as Fay' and not Ghaneemah , 1 it should
be dealt as if it is Fay' and not Ghaneemah. Therefore, none of it goes to the
individual, the entire amount goes to the Jama'ah, and that's also a safety-valve to
make sure that people are not gonna start doing things for their own personal gain
and benefit! 2 And that is fasad! And also from a fiqh point of view it looks like Fay'!
There's no fighting involved so how can it be Ghaneemah ? 3 How can a person take
from a fifth of it or a half of it or whatever if there's no fighting involved ? So it
should be dealt with as Fay' and not Ghaneemah. And when it is Fay' all of it goes
to the Jama'ah and then it's up to the discretion of the 'Ameer to give the
concerned individuals part of it as a pay for their effort, if they have gone through
some risk because there could be some risk and they could end up paying a hefty
price for it so they need to be compensated for that - but that's up to the discretion
of the 'Ameer."

Masha'Allah! 'AwlakI wraps up his batil by making out that it is a mere fiqh ruling! Due to this
"fiqh ruling" of al- 'AwlakI some of the Muslim youth in South London have performed armed
robberies of security vans which transport money and these brothers have narrated to us that
they justified these robberies based on what Anwar al-'Awlaki said! Firstly, al-Fay' (common
booty for all Muslims to benefit from) is, as stated by Imam Ibn Katheer (rahimahulldh) in his

1 Meaning: the money which is "taken", by whatever means however insinuating criminal means while in the
West.

2 This Robin Hood type of attitude is supposed to give some sort of nobility to "taking" such monies.

3 Meaning then: that the money can just be taken in any which way, and without fighting the owners of such
money, just to merely take it!

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Tafseer, "...all wealth and property take from the kuffar without fighting (them to assume
owenership of it)." 1 Hence, it is only extracted when the Muslims have successfully conquered
a land and the conquered peoples have accepted the arrangement! This can definitely not be
applied to the UK as there is no conquest whatsoever by any armies and no recognition that al-
Fay' can be taken by any Muslim army! Imam Abu 'Ubayd al-Qasim ibn as-Sallam, 162-224
AH/774-836 CE (rahimahulldh), stated in Kitab ul-Amwdl [The Book of Revenue], with the
translation of Professor Nyazee, that:

The first types of wealth (amwal) we begin with are those that are exclusively for
the Messenger of God (pbuh) and not for the community. These amwal are of three
types:

First is fay' that God has granted to His Messenger from the (wealth of) idolaters,
and for the acquisition of which the Muslim army has not been mobilized. It
includes Fadak and the wealth of Banu al-Nadir as they made a peace settlement
with the Messenger of God (pbuh), upon their wealth and lands, without engaging
in combat and without (military) manoeuvres that would necessitate the
mobilization of the Muslim army against them. 2

Imam Abu 'Ubayd (rahinnibiillal)) also stilted:

The wealth of fay' is that which includes all kinds of wealth of the dhimmis that
they have agreed upon by way of settlement . 3

So even with al-Faj' there has to be an agreement and acknowledgement of this from the kuffar!

Then Imam Abu 'Ubayd (ra/j////al/////d/j) also relays:

Ishaq ibn 'Isa related to me from Sufyan ibn 'Uyayna from Ibn Abi Nujayh from
Mujahid, who said: "Whenever a city is conquered by the force of arms, and its
residents embrace Islam before the decision for division, they are free persons, but
their wealth is fay' for the Muslims." 4

So it is established that al-Fay'h taken when Muslims successfully conquer a place, not that it can

be "taken", as Awlakl would have us think, by Muslims residing in non-Muslim lands?!

Secondly, Awlakl appears to have a romantic notion of the fiqh of jihad and his hasty manhaj

1 Ibn Katheer, Tafseer, vol.4, p. 396 - tafseer of the seventh ayah of Surat ul-Hashr. Refer to Online English
tafseer of Ibn Katheer here:
http://www.qtafsir.com/index.php?option=com content&task=view&id=i6i2&Itemid=ii5

2 Abu 'Ubayd al-Qasim ibn Sallam, Kitab al-Amwal [The Book of Revenue] (Reading, UK: Garnet Publishing,
2003, translated by Professor Imran Ahsan Khan Nyazee), p. 7

3 Ibid., p.15

4 Ibid., p.138, no.369

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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

has shaped his reading of the fiqh. Hence al-'Awlaki, due to his emotive reading of Slrah,
transmits this onto the current situation and as a result he actually thinks that the Muslims today
are in the same situation as the Salaf when they conquered lands and extracted Ghaneemah and al-
Fay'. Thirdly, even if we say that these lands are Dar ul-Harb, al-'Awlaki has also totally bypassed
what classical scholars such as Ibn Qudamah al-MaqdisT (rahimahulldh) stated in al-Mughni
regarding Muslims who enter Dar ul-Harb! Ibn an-Nahhas in his book Mashdri' ul-Ashwdq ild
Masdri' il-'Ushshdq (!!!) - in the edit of Idrees Muhammad 'Ali and Muhammad Khalid Istanbul!
(first published in 1410 AH/1989 CE with the Third Edition in Beirut in 1423 AH/2002 CE by
Dar ul-Basha'ir), pp.1060-1062 - made reference to Ibn Qudamah (rahimahulldh) and what he said
in al-Mughnr. 1

^JUsj *i j jJS> Aj^ j£ |l IJLa CJ lilj .dJLpA Ua3U JlT bibii Jlsb

jj-i -UP J jJLdl» i-jtJLo j <ulp ill ,JU^- ^1 JlS 03 j . jJUtil Lip J

Jb*-I U aJIp (w^t j cb^-i j£ js3l jl (3 j> j*^^* -

"the Muslims must stick to their conditions " 2

1 In Kitab ul-Jihad, Mas'alatMan DakhalaArd ul-'Aduw bi-Aman [The Issue of Entering the Land of the Enemy
with an Agreement/Covenant of Safety and Security].

126

A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

Ibn Qudamah here was himself commenting on what was stated by al-Khirqi al-Hanbali
(rahimahulldh) when al-Khirqi said:

jl jAldl JfiJ J^i JA» j^J-l

It is found in the text of al-Khirqi al-Hanbali: 'Whoever enters the land of the enemy
should not betray them (betray the covenant or agreement with them).'

Aba Yahya Zakariyyah bin Muhammad al-Ansari ash-Shafil (823-926 AH/1420-1520 CE) stated
in al-Asnd ul-Matdlib:

The wealth of the people of Harb (war) are prohibited to whoever from us has
granted them safety and security. If a Muslim enters their abodes with a covenant
of safety and security and borrows anything from them, or steals anything from
them, and then returns to our land he has to return what he took; as he cannot
dishonour them if he entered their lands with an agreement of safety and security.

As-Sarkhasi (rahimahulldh) states in his Sharh of Kitdb as-Siyar al-Kabeer of Muhammad bin al-

Hasan (rahimahulldh):

Muhammad said: 'Chapter: what is classified as an Aman for those who enter Dar
ul-Harb wa'l-Asra and what is not an Aman':

If a group of Muslims go to the gate-keepers of Ahl ul-Harb and say to them "we
are messengers of the Khaleefah" and produce a document which resembles an
official document from the Khaleefah, or if they do not even produce any
documentation, then this is them deceiving the Mushrikeen. If Ahl ul-Harb say to
this Muslim group: "Enter" and they enter Dar ul-Harb then it is not permissible
for them to kill any Ahl ul-Harb or take any wealth from them so long as they are
within their land.

(As-Sarkhasi says): Because what they (the Muslims) have manifested to them (Ahl
ul-Harb) if it is true then they have an Aman from Ahl ul-Harb and Ahl ul-Harb
also have an Aman from them so it is not permitted to dishonour them in anything.
This is the ruling for messengers (of the Khaleefah) if they enter their lands as we
have explained. 1

narrators), and so in case one betrays them, steals from them, or borrows anything, then he should give back
what he took. See al-Mughni, vol.10, p.507

1 See Shaykh Faisal Jasim, Kashf ush-Shubuhat fi Masa'il al-'Ahd wa'l-Jihad (Kuwait: Jam'iyyah Ihya at-Turath
al-Islaim, 1425 AH/2004 CE, 4 th Edn.), pp.54- 55. The book has intros by Shaykh Salih bin 'Abdullah bin
Humayd (Head of the Saudi Shura Council and Imam of Masjid ul-Haram in Makkah), Shaykh, Dr Salih as-
Sadlan and Shaykh, Dr Fayhan bin Shall al-Mutayri.

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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

What ever happened to 'Awlakl's views (!!!) aired in a documentary on Ramadan in 2001/02:
"I think that in general Islam is presented in a negative way, I mean there's always
this association between Islam and terrorism when that is not true at all, I mean
Islam is a religion of peace " 1 !?

CONCLUSIONS REGARDING ANWAR AL-'AWLAKI

There are a number of points to conclude about al-'Awlaki:

1 . When one listens to the earlier lectures and khutab of 'AwlakI it is immediately noticeable
that he was Ikhwanl in his manhaj, appealing to the Middle-Class Muslim professionals in
the US. Indeed, AwlakT during this stage sounded not much different to Hamza Yusuf
and in fact one could even be mistaken into thinking that it was actually Hamza Yusuf
speaking! AwlakI during this stage was nothing but a carbon-copy of Hamza Yusuf but
with more Ikhwanl sentiments within his speech. Just one lecture which is evidence of
this is the lecture entided Tolerance: The Hallmark of a Muslim which can be heard here:
http:/ /www.halaltube.com/ tolerance-a-hallmark-of-a-muslim Much of Awlakl's

See 2:45 here: http://www.youtube.com/watch?v=3BgG2ZLm2M8

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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

discourse was around themes such as "we need to put aside our differences and unite
for the greater good" and similar Ikhwanl-type sound-bites, along with making
reference to Sayyid Qutb and the likes. For example, Awlaki can be seen in this video
from the PBS documentary Muhammad: Legacy of a Prophet (2003) 1 giving a khutbnh at a
Musallah in an American Congress building at Capitol Hill (!!!?):
http: / / www.youtube.com/ watch?v=OdTihDNYtuY&feature=related Hence, there has
been a clear transition and methodological shift in the procedure of 'Awlaki from an
Ikhwant to then full-blown Takfirl, which in fact is the logical step for a dedicated Qutbl-
Ikhwanl.

2. The reasons for this shift in the manhaj of al-Awlakl was apparently due to a number of
important factors: firstly, 'Awlaki was originally an adherent of the Ikhwanl-Qutbl
methodology which not only has an outlined political program but is also based on
whipping up emotions for populism and increasing audiences as part of "collective
work". Secondly, the injustices which were meted out to sections of the Muslim
community in the US during the post-9/11 "war on terror" atmosphere served to
inflame the already emotive outlook of Awlaki cultivated during his Qutbl phase which
would soon after even manifest itself in support for the Khawarij of the era. Thirdly, at
the same time 'Awlaki no doubt witnessed many of the youth being attracted to some of
the Khawarij of the era and thus, in keeping with the Ikhwanl-Qutbl emphasis on
populism and generating youthful audiences, apparently appears to have made a decision
to also jump on this bandwagon and incline to the "hero" image, from whence in the US
he rarely if ever discussed Jihad. Fourthly, Awlakl's Hijrah to Yemen gave him more
freedom and autonomy to speak and antagonize America and continue his vendetta
against the US. This vendetta was borne out of the events which occurred in the US
during the post-9/11 environment and also on account of Awlaki being implicated and
linked to individuals of interest to the US government. It is possible that at this point
Awlaki reviewed his methodology to regain credibility after the likes of Abdullah Faisal
al-Jamaykl in the late 1990s had actually condemned him for spreading "CIA Islam" and
being a "Murji"', "spy", "a plant of the government", "an enemy of Islam" etc. See
Faisal's lecture here wherein he quotes from a Jumu'ah Khittbah given by al- Awlaki at
Masjid ur-Ribat in San Diego and condemns Awlaki for being a CIA agent:
http:/ /www.archive.org/ details/ Cialslam-SheikhFaisalsTakfeerOfAnwarAwlaki After 25
minutes into the lecture Faisal asks the audience what should be done with Awlaki over

1 Refer to 2:09- 3:27 of Part 5 of the documentary as it has been placed in Youtube.

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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

one of his statements in the khutbah to which a person in the audience replies "kill him
brother, kill him". As a result therefore of a review of methodology primarily and of
such aspersions cast by the likes of Faisal al-Jamaykl secondly, 'AwlakI then had to
promote a radical image and this led 'AwlakI himself to go more extreme in order to
bolster his credibility, thus jumping on the bandwagon of the Takfiri mavericks and
Khawarij bandits and ditching the wishy-washy IkhwanI methodology. In this way then,
AwlakI, already a well-known popular IkhwanI speaker, shifted his methodology to that
of the Takfiri movement. More importantly, all of this also shows that al- AwlakI was
devoid of sound knowledge-based guidance and evidently took his knowledge via merely
reading books, Siyar and Tdreekh and then subsequently cutting and pasting parts which
helped to fashion his manhaj. This approach of "self-study" is borne out of the IkhwanI
approach of "fiqh of priorities" which is a euphemism for disregarding the patience
which is demanding, yet highly necessary, in the da'wah to Tawheed and the Sunnah.

3. Al- AwlakI makes these statements within his lectures as if he is somehow qualified. His
in-depth Islamic study however is negligible, yet he does have a B.S. in Civil Engineering
from Colorado State University; an M.A. in Education Leadership from San Diego State
University and was working on a Doctorate in Human Resource Development at George
II / / i'!! So all of his education has not even been on anything to do with
Islam! Indeed, he has mainly studied within the US, hardly a huge endorsement of his
Islamic educational background and study for him to be promoted to the level of a
"Shaykh" and "Imam"?!

4. After we produced the original draft of this study in 2007, we found that some time after
it was then presented that AwlakI has now obtained "ijazat" to relate: the Six Books of
hadeeth, al-Muwatta', al-Adhkdr, Bulugh ul-Mardm, Umdat ul-Ahkdm, al-Minhdj, al-Waraqdt
and other books!? Masha'Allah! So we are supposed to blindly follow him now! This
reminds us of the 'ijazah' game that some of the Sufis and Ash'arls utilise in order to
bolster their credibility. Therefore, the mere fact that AwlakI is now presenting his
'ijazat' then this is no way indicates that he has understanding of these texts let alone that
the youth are supposed to refer to him for serious matters related to jihad, takfeer and the
hiikkdm.

5. Al-'Awlaki has a clear problem with the issue of the Ahd ul-Aman (Covenant of Safety
and Security) and especially where it has been discussed by the 'Ulama in regards to this
Ahd being extended to enemy forces. 'AwlakI denies this issue within his lectures on
jihad even though it has been discussed clearly by the classical scholars in their books of

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jihad, such as Ibn ul-Munasif (563-620 AH/1168-1223 CE) and Ibn an-Nahhas (d.814
AH/ 1411 CE). Awlakl's denial and lack of referring to this in detail shows that he has
his own agenda and that the wrath that he has towards his own country, the US, has led
him to disregard this issue. Furthermore, 'Awlakl himself is an American citizen which
according to some of the Khawarij of the era is sufficient reason to kill a person! Indeed,
some al-Qa'idah members have held that anyone who holds US citizenship is fair-game
for murder! So it is as if al- Awlakl has a kind of inferiority complex over his citizenship
which has led him to turn on the US even more in a kind of contorted notion of
redemption.

6. Al- Awlakl's ignorance in regards to the da'wah of Imam Muhammad ibn AbdulWahhab
(mhi/iiciluilldh) whereby Awlakl stated that Imam Muhammad ibn AbdulWahhab gave his
bay 'ah to the Ottoman Khaleefah in Istanbul and that there are letters attesting to this
wherein the Imam stated to the Ottoman Caliph: "my bay'ah is to you"!? This
demonstrates that: either Awlakl's verification of information is weak, or that he just
made this up for his own agenda; in any case it demonstrates that he knows litde about
the da'wah of Imam Muhammad ibn AbdulWahhab ( rahimahulldh ) .

7. Al-'Awlaki seems to forget about the well known Islamic principle that has been
mentioned by scholars such as Ibn Taymiyyah and Ibn ul-Qayyim about abstaining from
fighting during periods of weakness and inability, it is rather odd that Awlakl
conveniendy neglects all of this, which we have made reference to in this study.

8. Al-'Awlaki is not known for having participated in any "jihad" whatsoever and this is
what has to be highlighted. For he calls to it and hypes up his audiences with it, yet the
question has to be asked: upon which battlefield has he fought on and where has he
fought? This is important as while the Salafis are accused by the Takflri movement of
non-involvement in jihad, even though many Salafis have participated in a number of
theatres of war which were endorsed by the 'Ulama of Ahl us-Sunnah, these so-called
"Jihad! Shaykhs" have practically done nothing! The sum total of their "contribution to
jihad" is getting themselves arrested and imprisoned over their own foolish statements,
or in the case of some, by gaining thrills by watching "JihadI" videos! Hence, being
thrown into prison over one's own irresponsible and Khawarij statements, or one's links
to the Khawarij of the era, or being imprisoned for plotting to intentionally kill or blow
up innocent women and children in stores, planes or other civilian quarters, does not
qualify as "armed jihad in the Path of Allah"! No matter how hard these particular

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A Critique of the Methodology of Anwar al-'Awlaki and his Errors in the Fiqh of Jihad

individuals may delude themselves into thinking they are the vanguard "Mujahideen" of
the world.

132

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